MATTER OF STOLPINSKI v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


32 A.D.3d 1091 (2006)

820 N.Y.S.2d 861

In the Matter of RAYMOND STOLPINSKI, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

September 21, 2006.


Petitioner, an inmate, was charged in a misbehavior report with violating the prison disciplinary rule against weapon possession after a search of his cell revealed a six-inch drywall screw attached to a handle made of tape under his bed. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding by petitioner ensued.

We confirm. The detailed misbehavior...

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