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IN THE MATTER OF PURCELL v. McKOY

54 A.D.3d 1113 (2008)

864 N.Y.S.2d 574

In the Matter of MICHAEL PURCELL, Appellant, v. JEFF McKOY, as Superintendent of Hudson Correctional Facility, et al., Respondents.

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

September 18, 2008.

Petitioner, an inmate, discarded a portion of a burning cigarette into the trash can in his room and it ignited some toilet paper, causing a fire. He was thereafter charged in a misbehavior report with violating prison disciplinary rules prohibiting inmates from starting fires (see 7 NYCRR 270.2 [B] [19] [i]) or using flammable materials (see 7 NYCRR 270.2 [B] [19] [iii]). At the ensuing tier II disciplinary hearing, petitioner pleaded guilty to both charges...

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