Patterson v. Coughlin

Judgment unanimously reversed on the law and petition granted. Memorandum: Petitioner, an inmate at Attica Correctional Facility, was charged in a misbehavior report with violating a prison disciplinary rule that prohibits the possession of contraband that may be considered a weapon (7 NYCRR 270.2 [B] [14] [i]). Petitioner pleaded not guilty to the charge at his Tier III hearing. At the conclusion of the hearing, the Hearing Officer found petitioner guilty of the charge and imposed a penalty. After an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 *900proceeding…