Douglas v. Foster

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

Petitioner was found guilty of violating the prison disciplinary rules prohibiting false statements and possession of stolen property. The record discloses that 60 packs of Newport cigarettes were stolen from the commissary at Adirondack Correctional Facility in Essex County, casting suspicion upon petitioner due to his…