MATTER OF HANNAH v. BURGE


43 A.D.3d 1234 (2007)

841 N.Y.S.2d 719

In the Matter of REGINALD HANNAH, Petitioner, v. JOHN W. BURGE, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided September 20, 2007.


Petitioner, an inmate, was charged in a misbehavior report with smuggling and violating correspondence regulations after it was discovered that envelopes in outgoing mail listing petitioner's name and identification number in the return address contained letters written by another inmate. Following a tier II disciplinary hearing, petitioner was found guilty of both charges. That determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR...

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