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MATTER OF LAZORE v. DEPARTMENT OF TAXATION AND FINANCE

59 A.D.3d 801 (2009)

873 N.Y.S.2d 761

In the Matter of NOAH A. LAZORE, Petitioner, v. DEPARTMENT OF TAXATION AND FINANCE et al., Respondents.

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

Decided February 11, 2009.

Petitioner, a prison inmate, was charged in a misbehavior report with smuggling, counterfeiting, violating facility correspondence rules and violating facility package rules. The report was issued after a letter that was sent by petitioner to an outside civilian was intercepted by Immigration & Customs Enforcement (hereinafter ICE).* The letter, which was accompanied by tax stamps cut from the bottom of cigarette packs, set forth instructions...

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