Cortez v. Recore

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was serving a term of incarceration at Esmor Residential Treatment Center, following his conviction of the crime of criminal possession of a controlled substance in the third degree, when he was released on a weekend furlough. One day later, however, it was determined that petitioner could not be reached by telephone to answer the contact and…