MATTER OF MILLER v. PORTUONDO


269 A.D.2d 646 (2000)

704 N.Y.S.2d 175

In the Matter of KENNETH A. MILLER, Petitioner, v. LEONARD PORTUONDO, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

Decided February 3, 2000.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from making an unauthorized exchange of an item after a correction officer observed him passing an unidentified object to another inmate in an area where no exchanges were permitted. The other inmate was frisked and packets containing narcotics were discovered. The determination of guilt was affirmed upon petitioner's administrative...

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