MATTER OF PITT v. DUBRAY


62 A.D.3d 1101 (2009)

877 N.Y.S.2d 919

In the Matter of MATTHEW PITT, Petitioner, v. KEITH DUBRAY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 14, 2009.


Petitioner, an inmate, was found guilty following a tier III disciplinary hearing of participating in third-party telephone calls, violating facility telephone procedures and violating facility correspondence procedures. Upon administrative appeal, that determination was affirmed with a modified penalty. Petitioner thereafter commenced this CPLR article 78 proceeding seeking annulment.

Preliminarily, respondent concedes and, upon review of the record, we concur, that...

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