Appellate Division of the Supreme Court of New York, 2011

Oliver v. Fischer

Oliver v. Fischer
Appellate Division of the Supreme Court of New York · Decided March 25, 2011
82 A.D.3d 1648; 919 N.Y.2d 432
Oliver v. Fischer

Opinion of the Court

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III hearing, that he violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i] [weapon possession]). Contrary to petitioner’s contention, the determination is supported by substantial evidence. The misbehavior report, together with the testimony of the correction officer who wrote it and the photographs of the shanks found in a light fixture, constitutes substantial evidence supporting the determination that petitioner violated inmate rule 113.10 (see generally Matter of Foster v Coughlin, 76 NY2d 964, 966 [1990]; People ex rel. Vega v Smith, 66 NY2d 130, 140 [1985]). Present — Smith, J.E, Fahey, Garni, Lindley and Gofski, JJ.

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