MATTER OF PROCTOR v. FISCHER

515306.

107 A.D.3d 1267 (2013)

967 N.Y.S.2d 246

2013 NY Slip Op 4659

In the Matter of PATRICK PROCTOR, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 20, 2013.


During a search of petitioner's cell, a correction officer found a broken mirror with a paper handle secreted in a manila envelope. Following a tier III disciplinary hearing, petitioner was found guilty of possessing a weapon (see 7 NYCRR 270.2 [B] [14] [i]). The determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. Petitioner does not dispute that he possessed the broken mirror. Substantial evidence...

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