Legal Opinion

Wade v. Artus

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 2009PublishedCited by 6 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner *794of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

A correction officer searched the light fixture in petitioner’s prison cell and recovered a sharpened metal rod with a handle and lanyard. As a result, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty as charged. Petitioner…

2Cases cited2 opinions

  1. Martinez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re the Estate of MaloneAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by6 opinions

  1. Alache v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Covington v. SmithAppellate Division of the Supreme Court of the State of New York · 2009
  3. Jimenez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Lozada v. CookAppellate Division of the Supreme Court of the State of New York · 2009
  5. Peralta v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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