Mills v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of Brian Fischer, as Commissioner of the New York State Department of Correctional Services, dated December 24, 2008, which adopted the recommendation of a hearing officer dated November 18, 2008, made after a tier III disciplinary hearing, finding the petitioner guilty of the charge of possession of gang related materials.
Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.
Contrary to the petitioner’s contention, the misbehavior…
2Cases cited6 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Foster v. CoughlinNew York Court of Appeals · 1990
- Perez v. WilmotNew York Court of Appeals · 1986
- Reyes v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
- Lozada v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
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