Barnes v. Smith

Judgment unanimously reversed, on the law, and matter remitted to Supreme Court, Wyoming County, for a hearing, in accordance with the following memorandum: In this CPLR article 78 proceeding petitioner, an inmate at the Attica Correctional Facility, maintains that he should not be punished for violation of a facility rule where there has been no showing that he ever received a copy of the rule book. We agree. "No inmate shall be disciplined except for a violation of a published and posted written rule or regulation, a copy of which has been provided the inmate” (Correction Law § 138 [5];…