Madison v. Cunningham

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered July 10, 2008 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

*1142Petitioner was observed by a correction officer in an area of the correctional facility that he failed, before leaving his cell, to disclose on the inmate tracking sheet. When petitioner saw the officer, he fled to a nearby classroom. As a result, petitioner was charged in a misbehavior report with…