MATTER OF HODGE v. WALSH

512088.

92 A.D.3d 1049 (2012)

938 N.Y.S.2d 365

2012 NY Slip Op 874

In the Matter of MARTIN HODGE, Petitioner, v. JAMES WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided February 9, 2012.


A correction officer overheard petitioner ask another inmate to bring him a plastic bag containing various items, including coat hangers, that had been confiscated during a search of his cell. The officer then observed petitioner wait beside his cell for the items to be delivered. When questioned by the officer, petitioner denied speaking with the inmate. As a result, he was charged in a misbehavior report with engaging in an unauthorized exchange, smuggling and lying. Following...

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