MATTER OF MADILL v. VOTRAW

507485

69 A.D.3d 1105 (2010)

891 N.Y.S.2d 678

2010 NY Slip Op 360

In the Matter of JAMES W. MADILL, Petitioner, v. TIM VOTRAW, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided January 14, 2010.


After another inmate's crime and sentencing information was found in a folder in petitioner's cell during a search, he was charged in a misbehavior report with, among other things, its unauthorized possession. During a tier III disciplinary hearing, petitioner pleaded guilty to that charge in satisfaction of the entire misbehavior report. An unsuccessful administrative appeal followed, after which petitioner commenced this CPLR article 78 proceeding.

Inasmuch as petitioner...

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