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MATTER OF ROSS v. GOORD

262 A.D.2d 904 (1999)

694 N.Y.S.2d 492

In the Matter of RAY ROSS, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided June 24, 1999.

Following a tier III disciplinary hearing petitioner, a prison inmate, was found guilty of possessing contraband, being under the influence of alcohol, lying and being in violation of temporary release rules. These charges stemmed from an incident occurring on March 29, 1998 when, upon petitioner's return from a temporary release program, two correction officers searched petitioner's cube, and in the course of doing so, noticed an overwhelming smell of alcohol. Petitioner...

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