Brown v. New York State Department of Corrections & Community Supervision

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 the Superintendent of Eastern Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of possessing contraband not authorized by the superintendent, possessing an authorized item that has been altered and tampering with an electrical device. Initially, respondents concede, and we agree, that the misbehavior…