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


43 A.D.3d 517 (2007)

840 N.Y.S.2d 231

In the Matter of ALBERT ERMMARINO, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided August 2, 2007.


Petitioner challenges a determination finding him guilty of smuggling and violating package room procedures. We confirm. The misbehavior report with a factually specific account of the allegations written by the investigating correction officer, the transcripts of petitioner's telephone calls and petitioner's plea of guilty to the package room procedures violation provide substantial evidence supporting the determination of guilt (see

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