Lopez v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
During a routine search of petitioner’s cell, a correction officer discovered two flat pieces of metal sharpened to a point on one end secreted under the sink drain pipe. Petitioner was charged in a misbehavior report with possessing a weapon. He was found guilty following a tier III disciplinary hearing. The determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
We confirm. The misbehavior report, together with the corroborating testimony adduced at the hearing, provide substantial evidence to support the determination of guilt…
2Cases cited7 opinions
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- Gimenez v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
- Williams v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Johnson v. RockAppellate Division of the Supreme Court of the State of New York · 2009
- Edwards v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by10 opinions
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- Al-Ibrahim v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Giano v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
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