In Matter of Kairis v. Fischer , inmate Paul Kairis supposedly wrote a letter to an attorney, placed it in the outgoing mail and attached a "financial disbursement form" requesting free postage.
When prison officials determined no law firm existed at the listed address, the envelope was opened and a sealed letter -- addressed to a prison inmate at another correctional facility -- was found inside. Contained within were five magazine subscription cards, two of which had Kairis's prison address and the other three bore the addresses of women who visited him in prison.
After he was found guilty of "soliciting, making false statements and violating facility correspondence regulations," Kairis filed a special proceeding with the Albany County Supreme Court which transferred the matter to the Appellate Division, Third Department.
The AD3 was of the opinion the misbehavior report, the confiscated documents, and testimony given at the hearing, comprised "substantial evidence" which supported a finding of guilt. His argument that prison officials weren't authorized to open outgoing mail was viewed as "unavailing."
Did someone get licked?
That's the end of that post!
To download a copy of the Appellate Division's decision, please use this link: Matter of Kairis v. Fischer