MATTER OF TELESFORD v. ANNUCCI

526334.

166 A.D.3d 1155 (2018)

86 N.Y.S.3d 317

2018 NY Slip Op 07397

In the Matter of Marcus Telesford, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 1, 2018.


Petitioner was charged in a misbehavior report with possessing gang-related material and violating facility correspondence procedures for allegedly attempting to mail certain documents — alleged to have been discovered during the course of a 60-day authorized mail watch of petitioner's incoming and outgoing mail — that contained gang-related references. Following a tier III prison disciplinary hearing, petitioner was found guilty of the charges and a penalty...

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