Matter of Harris v. Smith

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

During the course of an investigation in which confidential information was received, a correction official determined that petitioner facilitated a third-party telephone call for another inmate. As a result, he was charged in a misbehavior report with making a third-party telephone call and using another inmate’s personal identification number (hereinafter PIN).…