IN THE MATTER OF HARVEY v. WOODS


56 A.D.3d 829 (2008)

867 N.Y.S.2d 741

In the Matter of MIGUEL HARVEY, Petitioner, v. R.K. WOODS, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

November 6, 2008.


During a facility mail watch, a correction officer confiscated three letters written by petitioner that contained prohibited organization-related references. As a result, petitioner was charged in a misbehavior report with possessing unauthorized organizational materials and violating facility correspondence rules. He was found guilty of the charges following a tier III disciplinary hearing. After the determination was affirmed on administrative appeal, petitioner commenced...

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