McCleary v. Mitchell

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

Petitioner was found guilty, after administrative review, of violating disciplinary rules prohibiting solicitation and conspiracy to possess a controlled substance. During the course of the disciplinary hearing, an investigator for the Inspector General’s office testified that investigators had recorded conversations…