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MATTER OF McBRIDE v. SUPERINTENDENT OF BARE HILL CORRECTIONAL FACILITY

283 A.D.2d 738 (2001)

725 N.Y.S.2d 719

In the Matter of EUGENE McBRIDE, Petitioner, v. SUPERINTENDENT OF BARE HILL CORRECTIONAL FACILITY et al., Respondents.

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

Decided May 10, 2001.

Petitioner was found guilty of violating the prison disciplinary rule against being out of place for using a dorm telephone when he was supposed to be cube confined.* According to the misbehavior report, an individual telephoned the correctional facility around 5:00 P.M. claiming to have just received a telephone call from petitioner. Upon being questioned by a correction officer, petitioner admitted to twice using the telephone on the afternoon...

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