Vasquez v. State

Appeal from an order of the Court of Claims (Lebous, J.), entered December 8, 2003, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the claim.

Claimant, an inmate at a state correctional facility, was charged in a misbehavior report with failing to promptly report an injury or illness. The report was incorrectly designated for disposition by means of a tier III disciplinary hearing. At the conclusion of such hearing, claimant was found guilty of the charge and assessed a penalty of 45 days in keeplock, with 15 days suspended, 30 days’ loss of commissary,…