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MATTER OF SECORE v. GOORD

245 A.D.2d 1131 (1997)

666 N.Y.S.2d 530

In the Matter of Peter Secore, Petitioner, v. Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent

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

December 31, 1997

Determination unanimously annulled on the law without costs and petition granted.

Memorandum:

This CPLR article 78 proceeding was transferred to this Court pursuant to CPLR 7804 (g) to review the determination of respondent, made following a Tier II disciplinary hearing, finding petitioner guilty of violating inmate rule 114.10 (7 NYCRR 270.2 [B] [15] [i] [smuggling]). The misbehavior report had also charged petitioner with violating inmate rule 113.23 (7...

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