Davis v. Coughlin

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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of possessing marihuana which was found in two sugar packets tucked in petitioner’s socks. Petitioner argues that his regulatory rights were violated; he contends that seized contraband was not promptly secured, that the Hearing Officer interviewed a correction officer off the record and outside his…