MATTER OF SCOTT v. FISCHER

515982.

109 A.D.3d 1066 (2013)

971 N.Y.S.2d 594

2013 NY Slip Op 6051

In the MATTER OF KWAME SCOTT, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided September 26, 2013.


After inmate correspondence bearing petitioner's name and identification number was returned as undeliverable, it was opened to reveal letters containing gang language, certain materials relating to a rival gang and a request for the proposed recipient to forward information to another inmate. As a result, petitioner was charged in a misbehavior report with gang activity and violating facility correspondence procedures. Following a tier III disciplinary hearing, he was found...

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