MATTER OF LOZADA v. FISCHER

506880

68 A.D.3d 1306 (2009)

2009 NY Slip Op 9119

890 N.Y.S.2d 710

In the Matter of CARLOS LOZADA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 10, 2009.


As the result of an authorized mail watch, correction officials discovered letters from petitioner to inmates in other correctional facilities secreted in a letter sent by petitioner to his daughter. Based on this discovery, petitioner was charged in a misbehavior report with failing to comply with correspondence procedures, smuggling, impersonation, providing legal assistance to another inmate and making an unauthorized exchange. Following a tier III disciplinary hearing...

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