MATTER OF SWEAT v. FISCHER


52 A.D.3d 1142 (2008)

862 N.Y.S.2d 137

In the Matter of RONELL SWEAT, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 26, 2008.


After a letter authored by petitioner containing gang-related references was found in another inmate's cell, petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the distribution or use of unauthorized organizational materials. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. Petitioner's administrative appeal proved unsuccessful, prompting him to commence this proceeding...

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