MATTER OF ARROLLO v. LECLAIRE


62 A.D.3d 1171 (2009)

878 N.Y.S.2d 637

In the Matter of RICHIE ARROLLO, Petitioner, v. LUCIEN LECLAIRE, as Commissioner of Correctional Services, Respondent.

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

Decided May 21, 2009.


Following an anonymous tip, petitioner's cell was searched and officers found a sharpened metal rod and letters discussing drugs, killing and purported gang activity. As a result, petitioner was charged in a misbehavior report with, among other things, possession of a weapon and unauthorized organizational materials. Following a tier III disciplinary hearing, petitioner was found guilty of the enumerated charges. After an unsuccessful administrative appeal, petitioner commenced...

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