Knight v. Goord

—Determination unanimously annulled on the law without costs and petition granted. Memorandum: In this CPLR article 78 proceeding to review the determination finding petitioner guilty of violating a prison disciplinary rule, petitioner contends that the determination must be annulled because respondent violated the rules and regulations regarding the opening of inmates’ outgoing correspondence. We agree.

Correction officers at Sing Sing Correctional Facility charged petitioner in a misbehavior report with violating inmate rule 100.10 (7 NYCRR 270.2 [B] [1] [i] [assaulting another inmate]). At…