MATTER OF BAILEY v. SMITH

509187.

78 A.D.3d 1397 (2010)

910 N.Y.S.2d 923

In the Matter of FRUITQUAN BAILEY, Petitioner, v. JOSEPH SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided November 18, 2010.


Petitioner, a prison inmate, was participating in the family reunion program and was issued a Polaroid camera with film for nine photographs. During the visit, petitioner used the emergency telephone to notify authorities that his camera was not working, claiming that there was no film in the camera. After petitioner was unable to produce either the film or the photographs from the camera, he was served with a misbehavior report charging him with making false statements,...

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