Rizzuto v. Goord

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered September 27, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

During a confidential investigation, which included a mail watch of petitioner’s correspondence, two letters written by petitioner to his wife were intercepted by correction officials. In the letters, petitioner used threatening language against a cor*1079rection sergeant and requested his wife…