Cintron v. Fischer

Appellate Division of the Supreme Court of New York

Cintron v. Fischer

47 A.D.3d 1045, 848 N.Y.S.2d 548

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 10, 2008

StatusPublished

This text of 47 A.D.3d 1045 (Cintron v. Fischer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cintron v. Fischer, 47 A.D.3d 1045, 848 N.Y.S.2d 548 (N.Y. Ct. App. 2008).

Pincite

Opinion

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 Superintendent of Midstate [1046]*1046Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of misusing state property. Inasmuch as the determination of guilt is supported by substantial evidence in the form of the misbehavior report and petitioner’s admission during the hearing that he had loaned his razor to another inmate (see Matter of La Tour v New York State Dept. of Correctional Servs. Cent. Off. Review Comm., 5 AD3d 890, 891 [2004]), we confirm.

Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

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 Superintendent of Midstate [1046]*1046Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of misusing state property. Inasmuch as the determination of guilt is supported by substantial evidence in the form of the misbehavior report and petitioner’s admission during the hearing that he had loaned his razor to another inmate (see Matter of La Tour v New York State Dept. of Correctional Servs. Cent. Off. Review Comm., 5 AD3d 890, 891 [2004]), we confirm.

Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

47 A.D.3d 1045, 848 N.Y.S.2d 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cintron-v-fischer-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack