MATTER OF FITZPATRICK v. PRACK

512463.

93 A.D.3d 978 (2012)

939 N.Y.S.2d 667

2012 NY Slip Op 1715

In the Matter of KEVIN FITZPATRICK, Appellant, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided March 8, 2012.


A correction officer inspected a letter that had been sent out of the correctional facility by petitioner but later was returned as undeliverable. Inside the envelope, the officer found a sealed envelope addressed to a third party with a return address that was not petitioner's. As a result, petitioner was charged in a misbehavior report with impersonation and violating facility correspondence procedures. He was found guilty of the charges at the conclusion of a tier III...

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