MATTER OF STEWART v. McARDLE

523613.

149 A.D.3d 1452 (2017)

2017 NY Slip Op 03252

50 N.Y.S.3d 896

In the Matter of RICKY R. STEWART, JR., Petitioner, v. BARRY J. McARDLE, as Superintendent of Watertown Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 27, 2017.


After an envelope addressed to petitioner's mother was discovered to contain a card addressed to his children who were the subject of an order of protection, petitioner was charged in a misbehavior report with violating facility correspondence procedures. Following a tier II disciplinary hearing, petitioner was found guilty of the charge and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior...

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