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MATTER OF COOPER v. SELSKY

34 A.D.3d 1133 (2006)

824 N.Y.S.2d 490

In the Matter of BERNARD COOPER, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 30, 2006.

While incarcerated at Southport Correctional Facility in Chemung County, petitioner sent a letter to his wife requesting her to send $30 to another inmate housed at the correctional facility. The letter was opened by a correction official and petitioner was charged in a misbehavior report with smuggling, soliciting and violating facility correspondence procedures. He was found guilty of all charges following a tier III disciplinary hearing and the determination was affirmed...

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