Sagardia v. P. Chappius

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

Petitioner was charged in a misbehavior report with smuggling after a nurse observed him pretend to swallow his medication and begin to walk away with the medication in the bottom of his juice cup. When the nurse questioned petitioner as to what was in his cup, petitioner quickly brought the cup back up to his mouth…