MATTER OF COLE v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

511681.

87 A.D.3d 1243 (2011)

931 N.Y.S.2d 712

2011 NY Slip Op 6618

In the Matter of RONNIE COLE, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided September 29, 2011.


Petitioner, an inmate, sent a letter to his son who was incarcerated at another correctional facility. The letter, however, was not received by petitioner's son as it was deemed unauthorized and was returned. When it was later opened, the letter revealed that petitioner had put a hit on another inmate and requested his son to follow through. As a result, petitioner was charged in a misbehavior report with making threats and violating facility correspondence procedures. At...

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