Mercado v. Kirk

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Ulster County to annul a determination of a Superintendent’s proceeding finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate at Wallkill Correctional Facility, participated in February and May of 1984 in family reunion visits with his wife, Lidia, and his. three daughters, Katherine, Rae and Louise. As a result of letters written by his wife and his daughter, Katherine, petitioner was served with a misbehavior report on January 18, 1985…