MATTER OF WEST v. COSTELLO


270 A.D.2d 673 (2000)

705 N.Y.S.2d 417

In the Matter of MILES WEST, Petitioner, v. JOSEPH COSTELLO, as Superintendent of Mid-State Correctional Facility, et al., Respondents.

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

Decided March 16, 2000.


Carpinello, J.

Petitioner was charged in a misbehavior report with possessing a weapon and failing to comply with a direct order. Following a hearing, petitioner was found guilty of possessing a weapon and not guilty of failing to comply with a direct order. Upon the denial of his administrative appeal, petitioner commenced this proceeding to review the determination.

Petitioner's claim of inadequate prehearing assistance is unavailing. The record establishes...

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