MATTER OF BASBUS v. PRACK


2013 NY Slip Op 08307

IN THE MATTER OF VICTOR BASBUS, Petitioner, v. ALBERT PRACK, AS DIRECTOR OF SPECIAL HOUSING AND INMATE DISCIPLINARY PROGRAMS, Respondent.

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

December 12, 2013


Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, LLP, Albany ( Nicholas J. Faso of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, Albany ( Jonathan D. Hitsous of counsel), for respondent.


Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

STEIN, J.P

Petitioner was observed with 16 other inmates who had congregated near a facility entrance in the yard and, when directed by a correction officer to disperse, failed...

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