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MATTER OF BOOKER v. GOORD

262 A.D.2d 970 (1999)

691 N.Y.S.2d 844

In the Matter of WILLIAM D. BOOKER, 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 June 18, 1999.

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Following a Tier III hearing, petitioner was found guilty of violating inmate rules 104.10 (7 NYCRR 270.2 [B] [5] [i] [rioting]), 104.13 (7 NYCRR 270.2 [B] [5] [iv] [creating a disturbance]), and 124.16 (7 NYCRR 270.2 [B] [25] [vii] [failing to comply with mess hall serving and seating...

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