Mena v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

As the result of an authorized mail watch, correction officials intercepted three outgoing letters written by petitioner allegedly requesting that the recipient bring drugs to him at the correctional facility. Petitioner was thereafter charged in a misbehavior report with soliciting, smuggling and conspiring to introduce drugs into the facility. Following a…