MATTER OF SIMMONS v. PRACK

520557.

132 A.D.3d 1217 (2015)

18 N.Y.S.3d 364

2015 NY Slip Op 07895

In the Matter of TERRY SIMMONS, 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.

Decided October 29, 2015.


Petitioner pleaded guilty to refusing a direct order, refusing to comply with frisk procedures, smuggling, possessing drugs and two counts of possessing contraband as charged in two misbehavior reports. After the penalty was modified by facility officials, the determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

Initially, the Attorney General concedes, and we agree, that, because the charges of possession of contraband...

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