Linz v. Goord

—Proceeding pursuant to CPLR article 78 to review a determination of the Department of Correctional Services, dated September 5, 1996, which, after a hearing, found the petitioner guilty of possession of escape paraphernalia and imposed penalties.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The respondent acted within its authority to order a rehearing upon the petitioner’s request for a reconsideration of the original determination (see, Matter of Dawes v Coughlin, 83 NY2d 597; Matter of Brown v Coughlin, 214 AD2d…