IN THE MATTER OF MATHIEU v. GIAMBRUNO


9 A.D.3d 632 (2004)

779 N.Y.S.2d 659

In the Matter of PATRICK MATHIEU, Petitioner, v. MICHAEL T. GIAMBRUNO, as Superintendent of Wyoming Correctional Facility, et al., Respondents.

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

July 8, 2004.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit committing an unhygienic act and destroying state property. The misbehavior report relates that a urine stain was found on the underside of petitioner's mattress during a search of his cell. The misbehavior report, testimony at the hearing that the mattress had recently been replaced and that there had been no damage to the cell upon petitioner's placement in...

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