Legal Opinion
Fragosa v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 2012PublishedCited by 7 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
During a search of petitioner’s cell, a correction officer found a piece of metal, approximately 21U inches long, sharpened on one end. As a result, petitioner was charged in a misbehavior report with possessing a weapon. He was found guilty of the charge following a tier III disciplinary hearing, and the…
2Cases cited4 opinions
- Chiarappa v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- McGowan v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Barnes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Gonzalez v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by7 opinions
- Fowler v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
- Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
- Fowler v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- MatterofStarlingvNewYorkStateDepartmentofCorrectionsandCommunitySupervisionAppellate Division of the Supreme Court of the State of New York · 2014
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