MATTER OF VARGAS v. GOORD


253 A.D.2d 947 (1998)

678 N.Y.S.2d 916

In the Matter of Anthony Vargas, Petitioner, v. Glenn S. Goord, as Commissioner of Corrections, et al., Respondents

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

September 17, 1998


Petitioner was found guilty of violating the prison disciplinary rules which prohibit inmates from possessing contraband, possessing stolen property and stealing State property after a search of petitioner's cell uncovered three cans of tuna in his locker. After an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt. Initially, as respondents concede and our review of the record confirms, that...

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