Legal Opinion

Palacio v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 2004Published

1Opinion of the Court

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

*995Petitioner was charged in a misbehavior report with violating facility correspondence procedures after he attempted to send a personal letter through the legal mail at the prison where he was incarcerated. He was found guilty of this charge following a tier III disciplinary hearing, and the determination was upheld on…

2Cases cited4 opinions

  1. Cummings v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  2. Fitzpatrick v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Jackson v. PortuondoAppellate Division of the Supreme Court of the State of New York · 2001
  4. Jackson v. PortuondoAppellate Division of the Supreme Court of the State of New York · 1997

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