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MATTER OF WHITE v. WALSH

34 A.D.3d 871 (2006)

823 N.Y.S.2d 575

In the Matter of MARTIN WHITE, Petitioner, v. JAMES J. WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided November 2, 2006.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the unauthorized possession of a tool after a search of his cell uncovered a precision screwdriver inside a harmonica case. Petitioner was found guilty following a disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

The misbehavior report and testimony...

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