Matter of Bailey v. Miller

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was assigned to the facility’s kitchen and responsible for preparing a meal for inmates in keeplock on the day of the incident. After a correction officer discovered that an excessive number of food trays were prepared containing unauthorized food, petitioner was charged in a misbehavior report with smuggling, stealing,…