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MATTER OF RUCCO v. GOORD

256 A.D.2d 1238 (1998)

685 N.Y.S.2d 141

In the Matter of JOSEPH RUCCO, 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.

Decided December 31, 1998.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The misbehavior report, supplemented by the testimony of the correction officers and supporting documentation, provides substantial evidence to support the Hearing Officer's determination that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) by using marihuana (see, Matter of Lahey v Kelly, 71 N.Y.2d 135;

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