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MATTER OF BAKER v. GOORD

266 A.D.2d 912 (1999)

698 N.Y.S.2d 809

In the Matter of CHARLES E. BAKER, 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 November 12, 1999.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Following a Tier III hearing, petitioner was found guilty of violating inmate rule 108.10 (7 NYCRR 270.2 [B] [9] [i] [escape]). The misbehavior report alleged that defendant left the correctional facility for several hours and went to a motel in Cortland where he rented a room. A receipt from the motel was attached to the misbehavior report and a forensic scientist opined...

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