Cabassa v. Kuhlmann
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMikoll, J.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
After a Superintendent’s hearing petitioner was found guilty of violating institutional rule 102.10 (7 NYCRR 270.2 [B] [3] [i]), which provides that "[i]nmates shall not * * * make any threat, spoken, in writing, or by gesture”, and rule 104.12 (7 NYCRR 270.2 [B] [5] [iii]), which provides that "[i]nmates shall not…
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