ALQUADIR GREEN v. DEPARTMENT OF CORRECTIONS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4550-05T34550-05T3

ALQUADIR GREEN,

Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Respondent.

_________________________________________________________

 

Submitted November 14, 2006 - Decided November 29, 2006

Before Judges Coburn, R.B. Coleman and Gilroy.

On appeal from a Final Determination of the New Jersey Department of Corrections.

Alquadir Green appellant pro se.

Stuart Rabner, Attorney General, attorney for

respondent (Patrick DeAlmeida, Assistant Attorney

General, of counsel; Christopher C. Josephson,

Deputy Attorney General, on the brief).

PER CURIAM

Alquadir Green appeals from the March 15, 2006, final decision of the Department of Corrections finding him guilty of escape from a halfway house, N.J.A.C. 10A:4-4.1. The finding was based on his admission, which he does not disclaim, that he escaped on April 2, 2001.

His argument on appeal is that the Department violated N.J.A.C. 10A:4-9.2 by failing to deliver the charges to him within forty-eight hours of the incident. After carefully reviewing the record and briefs, we are satisfied that all of appellant's arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We add the following comment.

After appellant escaped, he went to New York where he committed and then was incarcerated for another crime. He was returned to the Department's custody on February 3, 2006, and he was served with the charge on February 7, 2006. We can find no basis for faulting the Department for not serving appellant until he was in custody.

Affirmed.

 

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A-4550-05T3

November 29, 2006