Velez v. McGinnis

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits failure to comply with telephone program guidelines. According to the misbehavior report, petitioner admitted that he gave a fellow inmate his PIN (personal identification number) to enable the latter to telephone petitioner’s mother with the news that he had been placed in…