MATTER OF ROSE v. LILLEY

533641.

205 A.D.3d 1187 (2022)

165 N.Y.S.3d 923

2022 NY Slip Op 03165

In the Matter of Nakia Rose, Petitioner, v. Lynn J. Lilley, as Superintendent of Eastern NY Correctional Facility, Respondent.

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

Decided May 12, 2022.


Attorney(s) appearing for the Case

Nakia Rose, Napanoch, petitioner pro se.

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

Lynch, J.P., Reynolds Fitzgerald, Colangelo, Fisher and McShan, JJ., concur.


A review by a correction officer of petitioner's outgoing electronic messages revealed that petitioner's aunt had sent a package to another incarcerated individual and that the individual was then supposed to give the contents of the package to petitioner. As a result, petitioner was charged in a misbehavior report with soliciting, engaging in an unauthorized exchange, smuggling and violating facility package procedures. At the disciplinary hearing that followed, petitioner...

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