Gomez v. New York State Department of Corrections & Community Supervision
Appellate Division of the Supreme Court of the State of New York
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 finding petitioner guilty of violating a prison disciplinary rule.
Following a search of petitioner’s cube, a correction officer found a weapon on the inside of the door to petitioner’s locker that was secured to the metal ledge with a magnet. The weapon consisted of eight sharpened metal wires taped to the barrel of a pen. Following a tier III disciplinary hearing, petitioner was found…
2Cases cited7 opinions
- Muller v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Shufelt v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Bartello v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Henry v. FischerNew York Court of Appeals · 2016
- Matter of Gano v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
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3Cited by8 opinions
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- Matter of Williams v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Rodari v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2020
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