MATTER OF SANTANA v. FISCHER

509556.

78 A.D.3d 1364 (2010)

910 N.Y.S.2d 386

In the Matter of JOSE SANTANA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 10, 2010.


While an authorized mail watch was in effect, petitioner, a prison inmate, was discovered to have sent letters to his sister containing gang information and which she was to forward to other incarcerated gang members. As a result, petitioner was served with a misbehavior report and, after a tier III disciplinary hearing, was found guilty of gang activity and violating facility correspondence procedures. That determination was administratively affirmed, prompting this CPLR...

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