MATTER OF MITCHELL v. PHILLIPS


268 A.D.2d 633 (2000)

700 N.Y.S.2d 597

In the Matter of PAUL MITCHELL, Petitioner, v. MICHAEL PHILLIPS, as Hearing Officer for the New York State Department of Correctional Services, Clinton Correctional Facility, Respondent.

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

Decided January 6, 2000.


Petitioner, a prison inmate, challenges the determination finding him guilty of smuggling and violating facility correspondence procedures. The charges stemmed from an investigation conducted by a correction officer who discovered that petitioner was sending mail containing money to a third party and then having it sent on to another inmate. Petitioner's claim that the misbehavior report erroneously stated the wrong date is without merit. Because the misbehavior report contained...

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