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London v. Selsky
Citations: 247 A.D.2d 675; 668 N.Y.S.2d 506; 1998 N.Y. App. Div. LEXIS 968
Court: Appellate Division of the Supreme Court of the State of New York; February 4, 1998; New York; State Appellate Court
A CPLR article 78 proceeding was initiated to review a determination by the Commissioner of Correctional Services, which found the petitioner guilty of violating prison disciplinary rules regarding unauthorized exchange of personal property and alteration of State clothing. The violations were identified during a cell search that revealed a book belonging to another inmate and two pairs of altered State pants. The petitioner was ordered to pay $19.66 for the replacement of the altered clothing. The court rejected the petitioner's argument that the misbehavior report failed to comply with 7 NYCRR 251-3.1, determining that the report adequately informed the petitioner of the charges and allowed for a defense. Additionally, the court upheld the Hearing Officer's decision to deny the petitioner's request to call a State shop civilian as a witness, deeming her potential testimony irrelevant to the charge of altering State clothing. Other arguments made by the petitioner were either unpreserved for review or found unpersuasive. The court confirmed the determination, dismissed the petition, and imposed no costs.