MATTER OF WILLIAMS v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES


264 A.D.2d 889 (1999)

695 N.Y.S.2d 201

In the Matter of DEXTER WILLIAMS, Petitioner, v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided September 16, 1999.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting inmates from displaying unauthorized organizational insignia. A correction officer had confiscated two photographs showing petitioner displaying what appeared to be a gang hand signal. The determination of guilt was affirmed upon administrative appeal and petitioner thereafter commenced this CPLR article 78 proceeding.

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