Opinion
November 16, 1995
Appeal from the Supreme Court, Clinton County (Lewis, J.).
Petitioner is currently an inmate at Clinton Correctional Facility in Clinton County. While processing petitioner for transfer to this facility, correction officers found bank statements and related documentation in petitioner's possession. Thereafter, he was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing contraband. Inasmuch as petitioner does not deny that he possessed the subject documentation, but simply claims that he did not know it was contraband, we find that Supreme Court properly dismissed the petition. Prison disciplinary rule 113.23 clearly states that any article not authorized by the facility superintendent or his or her designee constitutes contraband ( see, 7 NYCRR 270.2 [B] [14] [xiv]; Matter of Gittens v Coughlin, 184 A.D.2d 812). The fact that petitioner was unaware that this rule covered the documentation in his possession does not absolve him from guilt. We have considered petitioner's remaining contentions and find them to be without merit.
Cardona, P.J., Mercure, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.