MATTER OF WELCH v. TAYLOR


51 A.D.3d 1174 (2008)

856 N.Y.S.2d 732

In the Matter of ELBERT WELCH, Appellant, v. JUSTIN TAYLOR, as Superintendent of Gouverneur Correctional Facility, et al., Respondents.

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

Decided May 8, 2008.


Petitioner, a prison inmate, was charged in a misbehavior report with possessing an excessive amount of stamps. A tier II disciplinary hearing ensued, at which petitioner was found guilty as charged based upon his plea of guilty with an explanation. After an unsuccessful administrative appeal, petitioner commenced a habeas corpus proceeding challenging the determination. Supreme Court appropriately converted the proceeding to one under CPLR article 78 and ultimately dismissed...

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