Antonucci v. David

Appeal from a judgment of the Supreme Court (Spargo, J.), entered January 13, 2003 in Greene County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to state a cause of action.

Based upon the misbehavior report and his plea of guilty, petitioner was found to have violated prison correspondence procedures by failing to completely address outgoing mail and attempting to mail a hand-painted handkerchief to his granddaughter through the correction facility mail room rather than *1032through the package room.* Petitioner commenced this CPLR article 78 proceeding…