MATTER OF ORTIZ v. FISCHER


64 A.D.3d 1111 (2009)

882 N.Y.S.2d 669

In the Matter of GILBERT ORTIZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 30, 2009.


Following a tier III hearing, petitioner was found guilty of possessing narcotics, refusing a direct order and interfering with an employee in violation of prison disciplinary rules. Following an administrative appeal, the decision was affirmed but his penalty was reduced, prompting petitioner to commence this CPLR article 78 proceeding to challenge his determination of guilt.

We confirm. The misbehavior report, drug test...

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