Opinion
September 23, 1985
Appeal from the Supreme Court, Westchester County (Jiudice, J.).
Order dated August 2, 1984 reversed, insofar as reviewed, on the law, without costs or disbursements, judgment entered May 31, 1984 vacated, determination confirmed and proceeding dismissed on the merits.
Petitioner was disciplined for the violation of a departmental rule while incarcerated at Taconic Correctional Facility. Previously, at another facility, he received a copy of the Departmental Rule Guide, in which it is stated that the rules are applicable to all New York State correctional facilities. Therefore, he was subject to discipline for a violation of these rules (Correction Law § 138; see, Matter of Saunders v Smith, 99 A.D.2d 671). Mollen, P.J., Bracken, Brown and Rubin, JJ., concur.