Plummer v. O'Keefe

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the theft of State property. This finding was predicated upon the misbehavior report which stated that Correction Lieutenant Pedro Berrios encountered petitioner and inmate R. Washington in the lobby of the mess hall. Washington immediately approached Berrios and engaged him in…