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

513170.

96 A.D.3d 1253 (2012)

946 N.Y.S.2d 709

2012 NY Slip Op 5047

In the Matter of ABRAHAM MALDONADO, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

June 21, 2012.


Petitioner, a prison inmate, was escorted to a funeral home to attend his brother's funeral viewing. Petitioner's relatives were also present. Upon petitioner's request to use the bathroom, one of the correction officers searched the bathroom and discovered numerous balloons containing tobacco and other items secreted in the towel holder. Petitioner was charged in a misbehavior report with attempt to possesses excessive tobacco and attempt to smuggle. Following a disciplinary...

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