IN THE MATTER OF LEBRON v. McGINNIS


20 A.D.3d 793 (2005)

797 N.Y.S.2d 923

In the Matter of ELVIN LEBRON, Petitioner, v. MICHAEL McGINNIS, as Superintendent of Southport Correctional Facility, Respondent.

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

July 21, 2005.


Petitioner was charged in a misbehavior report with violating facility correspondence procedures after correction officers recovered two letters authored by him in which he was attempting to correspond with inmates from other correctional facilities. After petitioner pleaded guilty to the charge at a tier II disciplinary hearing, the Hearing Officer rendered a determination of guilt, which was upheld on administrative appeal. He then commenced this CPLR article 78 proceeding...

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