MATTER OF DAVIS v. PRACK

514227.

100 A.D.3d 1177 (2012)

953 N.Y.S.2d 738

2012 NY Slip Op 7746

In the Matter of LAVAR DAVIS, Petitioner, 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.

November 15, 2012.


Rose, J.P.

Based upon an ongoing investigation that included an authorized watch on his outgoing mail, petitioner was served a misbehavior report in April 2010 charging him with solicitation, possession of weapons and drugs, making threats, participating in gang and unauthorized organizational activities and violating facility correspondence procedures. Following a tier III disciplinary hearing, he was found guilty of all charges. On administrative appeal, the determination...

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