Agosta v. Unger

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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was charged in a misbehavior report with, among other things, possession of an item in an unauthorized area and possession of contraband after a test answer key in his handwriting was found in another inmate’s folder. Following a tier II disciplinary hearing, petitioner was found guilty of the enumerated charges. The determination was…