Matter of Spirles v. Laramay

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 Superintendent of Five Points Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possession of contraband after a search of his cell uncovered rosary beads with a metal cross wrapped in clothing and four small pieces of magnet stuck to the wall anchor bolts above petitioner’s bunk. Following a tier II disciplinary hearing, petitioner was found guilty…