TROY DEMBY v. DEPARTMENT OF CORRECTIONS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3536-05T53536-05T5

TROY DEMBY,

Plaintiff-Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Defendant-Respondent.

_______________________________________________

 

Submitted October 25, 2006 - Decided November 3, 2006

Before Judges C.S. Fisher and Yannotti.

On appeal from a final agency decision of the Department of Corrections.

Troy Demby, appellant pro se.

Stuart Rabner, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Dewan N. Arefin, Deputy Attorney General, on the brief).

PER CURIAM

Appellant, an inmate of East Jersey State Prison, contends in this appeal that the department's finding that he committed prohibited act *.708, N.J.A.C. 10A:4-4.1(a) was arbitrary and capricious. We affirm.

The record indicates that, on January 30, 2006, appellant was ordered out of his cell and directed to submit to a strip search. The evidence indicates that appellant three times refused to submit to this search. In response, defendant contends that he did not refuse but merely insisted that the strip search occur in a place where unauthorized persons would not observe and that the strip search was not otherwise authorized by N.J.A.C. 10A:3-5.7(b).

After careful review of the record in light of the contentions raised, we conclude that the proceedings in the agency provided appellant with all the process that was due him, that the decision of the agency was supported by sufficient credible evidence on the record as a whole, and that the matter does not warrant discussion in a written opinion. R. 2:11-3(e)(1)(D).

Affirmed.

 

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A-3536-05T5

November 3, 2006