MATTER OF WATSON v. FISCHER

512967.

94 A.D.3d 1317 (2012)

942 N.Y.S.2d 388

2012 NY Slip Op 2930

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

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

Decided April 19, 2012.


During the monitoring of an outside telephone call made by petitioner, petitioner was overheard asking the other party to connect the call to a third party. While speaking to the third party, petitioner made a number of references that were determined by correction personnel to be gang-related. As a result, he was charged in a misbehavior report with violating the prison disciplinary rules prohibiting inmates from making third-party calls and engaging in gang-related activities...

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