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MATTER OF POLITE v. GOORD

248 A.D.2d 1017 (1998)

670 N.Y.S.2d 142

In the Matter of Gary Polite, 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.

March 13, 1998

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The determination that petitioner violated inmate rules 113.10 (7 NYCRR 270.2 [B] [14] [i]) and 113.11 (7 NYCRR 270.2 [B] [14] [ii]) is supported by the misbehavior report, which states that, during a search of petitioner's cell, the correction officer who wrote the misbehavior report found a metal crossbar wedged inside a desk. That evidence is sufficient to give rise to...

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