Johnnie McDonald, Auburn, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
A correction officer recovered three letters from the facility mail room that were written by the mother of an inmate. An investigation ensued which revealed that one of these letters was written to petitioner and referenced money totaling $700 that was sent to petitioner from this inmate's mother. Upon searching petitioner's cell, the officer found a document under petitioner's mattress confirming the transaction. As a result, petitioner was charged in a misbehavior report with extortion and solicitation. Following a tier III disciplinary hearing, he was found guilty of the charge of solicitation and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.