McBride v. Superintendent of Bare Hill Correctional Facility

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Superintendent of Bare Hill Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule against being out of place for using a dorm telephone when he was supposed to be cube confined.* According to the misbehavior report, an individual telephoned the correctional facility around 5:00 p.m. claiming to have just received a…