(Download) "Matter Charles Baker v. John Wilmot" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Charles Baker v. John Wilmot
- Author : Supreme Court of New York
- Release Date : January 22, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appeal from a judgment of the Supreme Court at Special Term, entered January 6, 1978 in Chemung County, which dismissed petitioners application, in a proceeding pursuant to CPLR article 78. Petitioner, an inmate at the Elmira Correctional Facility, took two sheets and a pillowcase from his cell to the shower room at the facility, and thereafter reported that the linen was stolen while he was taking a shower. He was charged with a violation of correctional institutional rule 1.40, which prohibits the loss or destruction of State property, and was given notice that a misbehavior report had been filed. Petitioner met with the adjustment committee and admitted that the linen had been stolen while he was taking a shower. The committee recommended a superintendents proceeding and three days later petitioner received a formal written charge. The proceeding was held June 27, 1977 and "restitution in the amount of ($10.51) to be charged to any funds standing to his [petitioners] credit or any future funds earned by him" was ordered. The departmental review board affirmed and petitioner commenced this article 78 proceeding seeking to annul the determination. Special Term dismissed petitioners application and this appeal ensued. Petitioner contends that the rules and regulations authorizing restitution [65 A.D.2d 884 Page 885]