Turner v. Fischer
Cases that cite this one
1 later published case cites this decision.
- Matter of Derti v. Annucci (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of Norman R. Bezio, Director of Special Housing/Inmate Disciplinary Program, on behalf of Brian Fischer, as Commissioner of the New York State Department of Correctional Services, dated January 15, 2010, which affirmed a determination of a hearing officer dated November 12, 2009, made after a tier III disciplinary hearing, finding that the petitioner violated prison rule 113.10 (7 NYCRR 270.2 [B] [14] [i]) by possessing contraband classified as a weapon, and imposing a penalty.
Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.
The possibility that “the weapon [in question] could have been placed in the [petitioner’s cell] door track by another inmate” (Matter of Jimenez v Fischer, 87 AD3d 771, 771 [2011]) did not negate the existence of substantial evidence to support the determination that the petitioner violated prison rule 113.10 (7 NYCRR 270.2 [B] [14] [i]) by possessing contraband classified as a weapon (id,.; see Matter of Daughtry v Bezio, 84 AD3d 1623 [2011]; Matter of McEwen v Goord, 32 AD3d 1116 [2006]; Matter of Hammond v Selsky, 28 AD3d 1000 [2006]; Matter of Shackleford v Goord, 3 AD3d 622 [2004]; Matter of Nieves v Goord, 2 AD3d 1173 [2003]; cf. Matter of Price v Phillips, 4 AD3d 364 [2004]).
The petitioner’s remaining contentions are without merit. Mastro, A.PJ., Hall, Lott and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.