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

508007.

73 A.D.3d 1411 (2010)

902 N.Y.S.2d 690

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 May 27, 2010.


Petitioner sent a letter to a correction officer at the facility where he was housed accusing the officer of, among other things, being a white supremacist. The officer had previously instructed petitioner not to send him letters of this nature. As a result, petitioner was charged in a misbehavior report with harassment and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and the determination was later affirmed...

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