Mitchell v. Brown

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

Petitioner sent a handwritten letter to a female librarian at the correctional facility where he was incarcerated professing his love, describing his genitals and offering to engage in sex. As a result, he was charged in a misbehavior report with solicitation, harassment and committing a sexual offense. Following a tier…