MATTER OF WATSON v. FISCHER

515197.

109 A.D.3d 1032 (2013)

971 N.Y.S.2d 362

2013 NY Slip Op 5940

In the Matter of JAMES WATSON, Appellant, v. BRIAN S. FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided September 19, 2013.


After a sharpened toothbrush was recovered during a search of his cell, petitioner was charged with violating the prison disciplinary rules prohibiting the possession of weapons and altered items. He ultimately was found guilty as charged, and that determination was affirmed upon administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge respondent's determination. Supreme Court dismissed...

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