MATTER OF NOVA v. KIRKPATRICK

525484.

160 A.D.3d 1326 (2018)

75 N.Y.S.3d 346

2018 NY Slip Op 02862

In the Matter of Julio Nova, Petitioner, v. Michael Kirkpatrick, as Superintendent of Clinton Correctional Facility, et al., Respondents.

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

Decided April 26, 2018.


After petitioner was moved to another cell, a correction officer assigned to pack up his cell found a plastic shank-like object that was sharpened at one end. Petitioner was thereafter charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, he was found guilty of the charge. The determination was upheld on administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, testimony...

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