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MATTER OF CAROSELLI v. DUNCAN

290 A.D.2d 908 (2002)

736 N.Y.S.2d 635

In the Matter of DINO CAROSELLI, Appellant, v. GEORGE DUNCAN, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided January 31, 2002.

Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting drug possession, making threats and engaging in violent conduct. After an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding to challenge the determination of guilt. Supreme Court dismissed the petition finding that petitioner's procedural arguments failed to state a cause of action...

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