MATTER OF OLIBENCIA v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

520389.

131 A.D.3d 1318 (2015)

16 N.Y.S.3d 345

2015 NY Slip Op 06855

In the Matter of GILBERTO OLIBENCIA, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided September 17, 2015.


Petitioner was charged in a misbehavior report with possession of a weapon after a search of his cell uncovered a shank secured inside his cell locker with masking tape that was the same color as the cell locker. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal. Supreme Court dismissed petitioner's subsequent CPLR article 78 proceeding and this appeal ensued.

We affirm. Petitioner...

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