MATTER OF GREEN v. PRACK

514248.

101 A.D.3d 1203 (2012)

955 N.Y.S.2d 675

2012 NY Slip Op 8382

In the Matter of AL GREEN, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

December 6, 2012.


A correction officer observed petitioner in possession of an envelope while in the law library. He noticed petitioner reach toward the top of a book shelf and then leave the area without the envelope in hand. The officer retrieved the envelope from the top of the book shelf and found a 12-inch metal rod inside. As a result, petitioner was charged in a misbehavior report with possessing an unauthorized item, possessing an item in an unauthorized area, destroying state property...

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