MATTER OF PETTUS v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


70 A.D.3d 1164 (2010)

In the Matter of JAMES PETTUS, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided February 11, 2010.


After a prison employee received a letter written by petitioner that contained abusive and obscene language in reference to another prison employee, petitioner, an inmate, was charged in a misbehavior report with harassment and violation of facility correspondence procedures. Petitioner was found guilty of both charges following a tier III disciplinary hearing and that determination was affirmed upon administrative appeal. Petitioner thereafter commenced this CPLR article...

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