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MATTER OF MITCHELL v. BROWN

508429.

74 A.D.3d 1678 (2010)

902 N.Y.S.2d 454

In the Matter of KEVIN MITCHELL, Petitioner, v. WILLIAM BROWN, as Superintendent of Eastern Correctional Facility, et al., Respondents.

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

Decided June 24, 2010.

Petitioner sent a handwritten letter to a female librarian at the correctional facility where he was incarcerated professing his love, describing his genitals and offering to engage in sex. As a result, he was charged in a misbehavior report with solicitation, harassment and committing a sexual offense. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination was affirmed on administrative appeal, resulting in this CPLR article 78 proceeding...

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