MATTER OF VILLAFANE v. FISCHER


63 A.D.3d 1403 (2009)

880 N.Y.S.2d 583

In the Matter of ANTHONY VILLAFANE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 18, 2009.


Petitioner, a prison inmate, worked as a book runner in the law library assisting inmates in obtaining documents, as well as providing typing services. While petitioner was performing his duties, a correction officer checked his delivery bag and found grievance materials that petitioner should not have had in his possession. Petitioner told the officer that another inmate had asked him to type these materials. As a result of this incident, petitioner was charged in a misbehavior...

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