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MATTER OF BELLAMY v. NOETH

532178.

195 A.D.3d 1289 (2021)

145 N.Y.S.3d 875

2021 NY Slip Op 03894

In the Matter of James Bellamy, Petitioner, v. Joseph Noeth, as Superintendent of Attica Correctional Facility, Respondent.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

James Bellamy, Attica, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Garry, P.J., Egan Jr., Lynch, Pritzker and Colangelo, JJ., concur.

During a search of petitioner's cell, a correction officer found and confiscated a handwritten letter suspected to be gang-related material. Upon subsequent submission and review of that letter, the letter was determined to be gang-related material. As a result, petitioner was charged in a misbehavior report with possessing gang-related material. Following a tier II disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed on administrative...

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