MATTER OF PRESLEY v. MILLER


306 A.D.2d 707 (2003)

760 N.Y.S.2d 692

In the Matter of JEWEL PRESLEY, Appellant, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

Decided June 19, 2003.


Pursuant to three separate misbehavior reports, petitioner was found guilty of possession of money, possessing a controlled substance, smuggling, possession of a contraband and making a false statement. Following unsuccessful administrative appeals, petitioner commenced this CPLR article 78 proceeding challenging the determinations of guilt. Supreme Court granted the petition to the extent of reversing the finding of guilt as to the second misbehavior report containing the...

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