MATTER OF SPIRLES v. LARAMAY

521365.

137 A.D.3d 1400 (2016)

26 N.Y.S.3d 489

2016 NY Slip Op 0172

In the Matter of MICHAEL SPIRLES, Petitioner, v. J. LARAMAY, as Acting Captain 102, Respondent.

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

Decided March 10, 2016.


Petitioner was charged in a misbehavior report with possession of contraband after a search of his cell uncovered rosary beads with a metal cross wrapped in clothing and four small pieces of magnet stuck to the wall anchor bolts above petitioner's bunk. Following a tier II disciplinary hearing, petitioner was found guilty as charged and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Substantial evidence...

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