Ode v. Kelly

Judgment unanimously reversed on the law without costs and petition granted. Memorandum: In this proceeding pursuant to CPLR article 78 to review a determination of respondents finding petitioner guilty of violating a prison disciplinary rule, petitioner contends that respondents *1001violated his constitutional rights and violated their own rules and regulations regarding opening inmate correspondence. We agree.

Correction officers of Attica Correctional Facility charged the petitioner, an inmate, with violating inmate behavior rules 180.21 (abuse of privileges) and 114.10 (smuggling items in…