Shearer v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Cahill, J.), entered August 12, 2008 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as moot.

Petitioner, an inmate at Mid-State Correctional Facility in Oneida County, received a misbehavior report that charged him with possessing prohibited articles and refusing a direct order after a search of his cell revealed pornographic photographs which he was prohibited from having based upon his participation in a sex offender program. Following a tier I disciplinary hearing, petitioner was found guilty and was…