Appellate Division of the Supreme Court of New York, 1978

Brisbane v. New York State Department of Correction

Brisbane v. New York State Department of Correction
Appellate Division of the Supreme Court of New York · Decided November 27, 1978
65 A.D.2d 811; 411 N.Y.S.2d 196; 1978 N.Y. App. Div. LEXIS 13699
Brisbane v. New York State Department of Correction

Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of respondent which, inter alia, found that the petitioner had been guilty of violating certain prison rules, the appeal is from a judgment of the Supreme Court, Dutchess County, dated November 3, 1977, which dismissed the petition. Judgment affirmed, without costs or disbursements. Review of the record indicates that respondent’s determination was neither arbitrary, capricious, nor in violation of the lawful procedures of 7 NYCRR Part 252 (cf. Matter of Amato v Ward, 41 NY2d 469). Latham, J. P., Titone, Margett and Hawkins, JJ., concur.

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