MATTER OF WILLIAMS v. FISCHER

512365.

93 A.D.3d 1051 (2012)

940 N.Y.S.2d 689

2012 NY Slip Op 2140

In the Matter of DANIEL WILLIAMS, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 22, 2012.


As the result of an authorized mail watch, correction officials recovered a letter written by petitioner and addressed to an individual in Brooklyn that contained numerous gang-related references. Consequently, he was charged in a misbehavior report with engaging in gang-related activities and violating facility correspondence rules. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative...

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