IN THE MATTER OF FORD v. SMITH


23 A.D.3d 829 (2005)

805 N.Y.S.2d 663

In the Matter of COREY FORD, Petitioner, v. JOSEPH SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

November 10, 2005.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits smuggling any item in or out of the correctional facility. The charges stem from an incident in the visiting room wherein petitioner was observed sliding a piece of paper to his visitor, who then read it and placed it in her purse. The paper was later discovered to have a name, phone number and Social Security number...

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