MATTER OF MINGO v. CHAPPIUS

514655.

106 A.D.3d 1160 (2013)

966 N.Y.S.2d 233

2013 NY Slip Op 3143

In the Matter of GREGORY MINGO, Appellant, v. PAUL CHAPPIUS, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided May 2, 2013.


Mercure, J.P.

Petitioner challenges a determination finding him guilty, after a tier II disciplinary hearing, of possessing contraband and excess clothing. Petitioner argues that he was improperly denied the right to be present during the search of his cell. He commenced this proceeding following the rejection of his administrative appeal, and now appeals from Supreme Court's dismissal of the petition.

We reverse. Department of Corrections and Community Supervision...

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