Legal Opinion

Thomas v. Fischer

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

Decided November 17, 2011Published

1Opinion of the Court

While packing petitioner’s personal belongings after he was escorted to the special housing unit, correction officers found his locker unsecured and his razor missing. As a result, petitioner was charged in a misbehavior report with property loss and, following a tier III disciplinary hearing, he was found guilty of that charge. That determination was administratively *1303affirmed, after which petitioner commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the officer who packed petitioner’s cell and the log sheet provide substantial evidence to support the…

2Cases cited6 opinions

  1. Cognata v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Montgomery v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Abreu v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Harris v. FletcherAppellate Division of the Supreme Court of the State of New York · 2006

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