IN THE MATTER OF RIZZUTO v. MURPHY


3 A.D.3d 801 (2004)

770 N.Y.S.2d 905

In the Matter of ALFONSO RIZZUTO, Appellant, v. RONALD J. MURPHY, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

January 29, 2004.


After being charged with violating three prison disciplinary rules following a search of petitioner and his cell, petitioner was ultimately found guilty of violating the prison disciplinary rule which prohibits the possession of contraband based upon petitioner's possession of a list identifying correction officers' names and two-way radio numbers. Thereafter, petitioner commenced this CPLR article 78 proceeding. Supreme Court dismissed the petition and this appeal ensued...

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