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MATTER OF CRUZ v. GOORD

255 A.D.2d 968 (1998)

679 N.Y.S.2d 869

In the Matter of Angel Cruz, 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:

The determination is supported by substantial evidence, i.e., the written misbehavior report and the testimony of two correction officers who were present during the search of petitioner's mouth (see, Matter of Bryant v Coughlin, 77 N.Y.2d 642, 647; People ex rel. Vega v Smith, 66 N.Y.2d 130

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