Matter of Colon v. Sielaff

Full title: In the Matter of JACQUELINE COLON, Petitioner, v. ALLYN R. SIELAFF, as…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 10, 1992

188 A.D.2d 370 (N.Y. App. Div. 1992)

591 N.Y.S.2d 39

Opinion

December 10, 1992

Appeal from the Supreme Court, New York County, Carol Arber, J.

There was substantial evidence to support the Commissioner's determination that petitioner had violated Department of Correction rules by engaging in undue familiarity with an inmate, maintaining contact with a member of the inmate's family, corresponding with the inmate after he was moved from Rikers Island to a State facility, entering into transactions with the inmate to "promote" contraband into Rikers Island and conspiring to assist in the promotion of narcotics into a State correctional facility.

Finally, it cannot be said that the penalty of dismissal is disproportionate to petitioner's offenses. (See, Matter of Santarella v New York City Dept. of Correction, 53 N.Y.2d 948, 949.)

We have reviewed petitioner's remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Wallach, Asch and Rubin, JJ.