Bailey v. Burge

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.

A search of petitioner’s prison cell discovered two wires running along the floor which were concealed by some form of glue and paint. As a result, petitioner was charged in a misbehavior report with possession of contraband, possession of property in an unauthorized area and misuse of state property. Following a tier II disciplinary hearing, petitioner was…