IN THE MATTER OF WERNER v. PHILIPS


20 A.D.3d 711 (2005)

798 N.Y.S.2d 241

In the Matter of CHRIS WERNER, Petitioner, v. WILLIAM PHILIPS, as Superintendent of Green Haven Correctional Facility, et al., Respondents.

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

July 14, 2005.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the use of another inmate's personal identification number to make a telephone call. Petitioner was found guilty after a disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

The misbehavior report, telephone log, transcript of the telephone call and testimony at the hearing provide substantial...

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