MATTER OF BOGGS v. MARTUSCELLO

510818.

84 A.D.3d 1625 (2011)

923 N.Y.S.2d 314

In the Matter of STEVEN J. BOGGS, Petitioner, v. DANIEL MARTUSCELLO, as Acting Superintendent of Coxsackie Correctional Facility, et al., Respondents.

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

Decided May 19, 2011.


After an investigation that included the interception of a letter addressed to petitioner in which 15 plastic baggies containing a tan powder were concealed, petitioner was charged in a misbehavior report with conspiring to introduce contraband, soliciting others to smuggle contraband and violating correspondence procedures. A tier III disciplinary hearing ensued, after which petitioner was found guilty of all charges. That determination was affirmed on administrative appeal...

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