MATTER OF DI ROSE v. MORSE


225 A.D.2d 959 (1996)

639 N.Y.S.2d 746

In the Matter of Ricardo A. Di Rose, Petitioner, v. R. Morse, as Corrections Captain of Southport Correctional Facility, Respondent

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

March 21, 1996


Petitioner, a prison inmate, attempted to send a card to an inmate at a Federal prison and was found guilty of violating a prison disciplinary rule regulating inmate correspondence. Contrary to petitioner's contention, there is substantial evidence in the record to support respondent's finding that petitioner sent mail to another inmate without authorization. As for petitioner's contention on administrative appeal that the misbehavior report was written in retaliation for...

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