MATTER OF DOUGLAS v. FOSTER


289 A.D.2d 656 (2001)

733 N.Y.S.2d 552

In the Matter of DE SHAWN DOUGLAS, Petitioner, v. ROBERT FOSTER, as Hearing Officer at Adirondack Correctional Facility, et al., Respondents.

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

Decided December 6, 2001.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting false statements and possession of stolen property. The record discloses that 60 packs of Newport cigarettes were stolen from the commissary at Adirondack Correctional Facility in Essex County, casting suspicion upon petitioner due to his employment in the commissary. A search of petitioner's cell turned up 17 packs of Newport cigarettes. Petitioner stated that the cigarettes were his, having...

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