MATTER OF ROSALES v. PRACK

516495

112 A.D.3d 1025 (2013)

975 N.Y.S.2d 927

2013 NY Slip Op 8172

In the Matter of LUIS ROSALES, 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.

Decided December 5, 2013.


An outgoing piece of mail bearing petitioner's return address and inmate identification number was returned to the correctional facility for lack of proper postage. A civilian mail clerk opened it and discovered a concealed packet containing an unknown powdery substance glued to a greeting card. Although the substance tested negative for drugs, petitioner was charged in a misbehavior report with smuggling and violating facility correspondence procedures. Following a tier...

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