Legal Opinion
Jimenez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 2011PublishedCited by 3 opinions
1Opinion of the Court
During an inspection of petitioner’s cell door track, a correction officer discovered a sharpened, flat piece of metal with a plastic handle. Petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
Even if, as petitioner contends, the area in which the weapon was found could be accessed from outside his cell, it was an area within his control and occupied by him for seven months, giving rise…
2Cases cited5 opinions
- Bunting v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Rogers v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
- Shackleford v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Hammond v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Wade v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by3 opinions
- Matter of Derti v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Vega v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Turner v. FischerAppellate Division of the Supreme Court of the State of New York · 2012