IN THE MATTER OF SCHULER v. McCRAY


8 A.D.3d 777 (2004)

778 N.Y.S.2d 237

In the Matter of JAMES SCHULER, Petitioner, v FRANK McCRAY JR., as Superintendent of Gowanda Correctional Facility, et al., Respondents.

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

June 10, 2004.


In February 2003, respondent Superintendent of Gowanda Correctional Facility received an anonymous letter from an inmate setting forth complaints and threatening a revolt among the inmate population if certain demands were not met. An investigation ensued during which petitioner's cell was searched and various items were found, including a typewriter ribbon on which the first six lines of the text of the letter were imprinted. Petitioner was charged in a misbehavior report...

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