Spencer v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1355A correction officer observed petitioner throw a white envelope to another inmate and, before the officer could recover it, the inmate threw it back to petitioner. When the officer finally took possession of the envelope, he discovered a cigarette inside that later tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with drug possession. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report,…
2Cases cited7 opinions
- Quezada v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Morusma v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Lamage v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Wahhab v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by6 opinions
- McNeil v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
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- Hamilton v. FrackAppellate Division of the Supreme Court of the State of New York · 2012
- Hamilton v. FrackAppellate Division of the Supreme Court of the State of New York · 2012
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