Montgomery v. Kelly

Determination unanimously annulled on the law and petition granted, in accordance with the following memorandum: In this CPLR article 78 proceeding, petitioner challenges a prison disciplinary determination that he violated a departmental regulation prohibiting inmates from being "out of place in any area of the facility.” We conclude that the determination is not supported by substantial evidence and that petitioner was not put on notice which areas were off limits. At the hearing, petitioner testified that he had received permission to use the water fountain at one end of the mess hall…