MATTER OF McDONALD v. FISCHER

512340.

93 A.D.3d 969 (2012)

939 N.Y.S.2d 727

2012 NY Slip Op 1710

In the Matter of JOHNNIE McDONALD, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 8, 2012.


A correction officer recovered three letters from the facility mail room that were written by the mother of an inmate. An investigation ensued which revealed that one of these letters was written to petitioner and referenced money totaling $700 that was sent to petitioner from this inmate's mother. Upon searching petitioner's cell, the officer found a document under petitioner's mattress confirming the transaction. As a result, petitioner was charged in a misbehavior report...

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