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IN THE MATTER OF PETTUS v. WEST

28 A.D.3d 907 (2006)

813 N.Y.S.2d 563

In the Matter of JAMES PETTUS, Appellant, v. CALVIN WEST, as Superintendent of Elmira Correctional Facility, et al., Respondents.

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

April 13, 2006.

Petitioner was seen in the recreation yard in possession of numerous stamps. The stamps were confiscated and petitioner thereafter was charged in a misbehavior report with violating the prison disciplinary rule which prohibits possessing an authorized item in an unauthorized area. Petitioner was found guilty of the charge following a disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then...

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