MATTER OF FITZPATRICK v. GOORD


269 A.D.2d 643 (2000)

704 N.Y.S.2d 173

In the Matter of KEVIN FITZPATRICK, Petitioner, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided February 3, 2000.


Petitioner, serving a 60-month penalty for an escape, was found guilty of violating prison disciplinary rules prohibiting attempted smuggling, violation of facility correspondence procedures and an attempt or conspiracy to escape. The charges stemmed from a letter petitioner allegedly wrote to an acquaintance asking her to supply him with a handcuff key, a hacksaw blade and a rubber stamp marked "legal materials". We conclude that the misbehavior report based upon the letter...

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