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MATTER OF GARCIA v. GOORD

251 A.D.2d 887 (1998)

674 N.Y.S.2d 805

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

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

June 18, 1998

Substantial evidence supports the determination finding petitioner, a prison inmate, guilty of violating the prison disciplinary rules which prohibit inmates from engaging or attempting to engage in sexual acts (7 NYCRR 270.2 [B] [2] [i]) and require compliance with prison guidelines regarding visitation procedures (7 NYCRR 270.2 [B] [26] [i]). The misbehavior report stated that during a visit with his wife, petitioner was seen with his wife sitting on his lap, moving up...

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