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MATTER OF BATTISTE v. GOORD

255 A.D.2d 941 (1998)

681 N.Y.S.2d 924

In the Matter of Charles Battiste, 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.

November 13, 1998

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner was charged with violating inmate rules 113.22 (7 NYCRR 270.2 [B] [14] [xiii] [possessing authorized articles in unauthorized areas]) and 105.12 (7 NYCRR 270.2 [B] [6] [iii] [possessing unauthorized organizational materials]). According to the inmate misbehavior report, a correction officer found petitioner in possession of numerous

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