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MATTER OF PALACIO v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERV.

12 A.D.3d 994 (2004)

784 N.Y.S.2d 909

In the Matter of HERIBERTO PALACIO, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

November 24, 2004.

Petitioner was charged in a misbehavior report with violating facility correspondence procedures after he attempted to send a personal letter through the legal mail at the prison where he was incarcerated. He was found guilty of this charge following a tier III disciplinary hearing, and the determination was upheld on administrative appeal. He then commenced this CPLR article 78 proceeding challenging it.

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