MATTER OF GALLAGHER v. NEW YORK STATE DEPT. OF CORRECTIONAL SERVS.

512806.

93 A.D.3d 1058 (2012)

940 N.Y.S.2d 697

2012 NY Slip Op 2147

In the Matter of JOSEPH GALLAGHER, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided March 22, 2012.


A correction officer searched the cell of an inmate and found three letters authored by petitioner. The letters contained language indicating that petitioner had physical contact with the inmate and, in a subtle manner, had solicited the inmate for sex. As a result, petitioner was charged in a misbehavior report with violating prison disciplinary rules prohibiting inmates from having physical contact or soliciting others for sex. Petitioner was found guilty of the charges...

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