Baker v. Wilmot

Appeal from a judgment of the Supreme Court at Special Term, entered January 6, 1978 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78. Petitioner, an inmate at the Elmira Correctional Facility, took two sheets and a pillowcase from his cell to the shower room at the facility, and thereafter reported that the linen was stolen while he was taking a shower. He was charged with a violation of correctional institutional rule 1.40, which prohibits the loss or destruction of State property, and was given notice that a misbehavior report had…