Matter of Cintron v. Kirkpatrick

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

Petitioner was charged in a misbehavior report with possession of contraband and possession of stolen property after a search of his cell uncovered 19 state garbage bags in the bottom of petitioner’s locker and five library books. Petitioner was found guilty of both charges following a tier II disciplinary hearing and that determination was affirmed upon…