MATTER OF ABALLE v. COUGHLIN


216 A.D.2d 949 (1995)

629 N.Y.S.2d 148

In the Matter of Guillermo Aballe, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Respondent

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

June 9, 1995


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding to annul a determination of guilt for possession of contraband made following a Tier III disciplinary hearing. Petitioner argues that the inmate rule concerning contraband is unconstitutionally vague because it imparts no notice that items such as his paperwork concerning membership in the Latin Kings would be deemed contraband...

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