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MATTER OF DAVIS v. McCLELLAN

202 A.D.2d 770 (1994)

608 N.Y.S.2d 741

In the Matter of Mark Davis, Petitioner, v. Robert McClellan, as Superintendent of Southport Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 3, 1994

Crew III, J.

Following a tier III disciplinary hearing, petitioner, an inmate at Southport Correctional Facility in Chemung County, was found guilty of violating State-wide rules 113.12 (see, 7 NYCRR 270.2 [B] [14] [iii]) prohibiting the possession of a controlled substance and 113.23 (see, 7 NYCRR 270.2 [B] [14] [xiv]) prohibiting the possession of contraband. Upon administrative review, the finding of guilt was confirmed but the penalty...

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