MATTER OF REGAN v. FISCHER

511542.

87 A.D.3d 1236 (2011)

929 N.Y.S.2d 887

2011 NY Slip Op 6612

In the Matter of JOHN REGAN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 29, 2011.


After correspondence sent by petitioner was returned to the correctional facility where he was incarcerated, it was opened by mail room staff and found to contain a resident index list that included the names and cell locations of other inmates. As a result, petitioner was served with a misbehavior report charging him with possession of contraband, smuggling, refusing a direct order and violating facility correspondence procedures. At a tier III disciplinary hearing, petitioner...

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