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Madan v. Dep't of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 13, 2009

PRADEEP MADAN, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.

On appeal from a Final Agency Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 22, 2009

Before Judges Stern and Kimmelman.

Appellant Madan appeals from a final agency decision of the Department of Corrections. Madan is currently serving a twenty- year sentence as a prisoner in South Woods State Prison in Bridgeton, New Jersey. The agency decision found Madan guilty of a disciplinary charge in violation of N.J.A.C. 10A:4-4.1. He refused to obey an order of a prison staff member ordering him to return to his cell.

A hearing officer found Madan guilty of refusing to obey an order of a staff member. He was sanctioned to ten days detention, ninety days administrative segregation and sixty days loss of commutation credit. On administrative appeal, the finding of guilt was upheld but the ninety day administrative sanction was reduced by sixty days.

The agency decision was not arbitrary or capricious and was supported by substantial credible evidence. It must be affirmed. Henry v. Rahway State Prison, 81 N.J. 571, 579 (1980). There were no procedural or due process irregularities. Avant v. Clifford, 67 N.J. 496, 522 (1975).

Affirmed.

20090213

© 1992-2009 VersusLaw Inc.



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