Smart v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
During the course of an investigation, correction officials obtained information that petitioner conspired with his wife to bring drugs into the correctional facility during visitation. As a result, he was charged in a misbehavior report with smuggling, conspiring to possess drugs, violating facility visitation procedures and…
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