Fragosa v. Miller
Cases that cite this one
7 later published cases cite this decision.
- MatterofStarlingvNewYorkStateDepartmentofCorrectionsandCommunitySupervision (Appellate Division of the Supreme Court of New York 2014)
- Starling v. New York State Department of Corrections & Community Supervision (Appellate Division of the Supreme Court of New York 2014)
- Starling v. New York State Department of Corrections & Community Supervision (Appellate Division of the Supreme Court of New York 2014)
- Fowler v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Fowler v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Barnes v. Prack (Appellate Division of the Supreme Court of New York 2013)
- Barnes v. Prack (Appellate Division of the Supreme Court of New York 2013)
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 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
During a search of petitioner’s cell, a correction officer found a piece of metal, approximately 21U inches long, sharpened on one end. As a result, petitioner was charged in a misbehavior report with possessing a weapon. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
Mercure, J.P, Rose, Malone Jr., McCarthy and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.