MATTER OF McMOORE v. BEZIO

506279.

67 A.D.3d 1218 (2009)

888 N.Y.S.2d 678

2009 NY Slip Op 08531

In the Matter of JAMES B. McMOORE, Petitioner, v. NORMAN BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 19, 2009.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting soliciting and smuggling. The charges stemmed from the discovery of letters written by petitioner requesting other inmates to provide him with stamps, which he was not allowed to have at that time due to a prior rule violation. At a tier III disciplinary hearing, petitioner was found guilty as charged based upon his plea of guilty with an explanation to both charges. This...

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