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CRISCOLO v. VAGIANELIS

12 N.Y.3d 92 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

In the Matter of ANDREW S. CRISCOLO et al., Appellants, v. NICHOLAS J. VAGIANELIS, as Director of the Division of Classification and Compensation of the Department of Civil Service, et al., Respondents.

Court of Appeals of New York.

Decided February 24, 2009.

Attorney(s) appearing for the Case

Edward J. Aluck, Albany, and William P. Seamon for appellants.

Andrew M. Cuomo, Attorney General, Albany (Julie Sheridan, Barbara D. Underwood, Andrew D. Bing and Peter H. Schiff of counsel), for respondents.

Before: Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

READ, J.

Inmates incarcerated in prisons operated by the New York State Department of Correctional Services (DOCS) must comply with standards of conduct (7 NYCRR part 270), which are enforced through issuance of inmate misbehavior reports in those instances where a rule violation endangers life, health, security or property (7 NYCRR 251-3.1). These reports are subject to review at an administrative...

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