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MATTER OF KEESH v. SMITH

59 A.D.3d 798 (2009)

872 N.Y.S.2d 743

In the Matter of TYHEEM YEFYA KEESH, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 11, 2009.

Peters, J.

Petitioner, an inmate at Shawangunk Correctional Facility in Ulster County, ordered two jogging suits from an outside vendor. When the jogging suits arrived at the facility and were inspected, the tops thereto were classified as sweatshirts with zippers, which are prohibited under Department of Correctional Services Directive No. 4911(V) (Attachment D) (E) (4) (d). Petitioner thereafter filed a grievance contending, among other things, that he arbitrarily...

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