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MATTER OF ELLIOT v. GOORD

267 A.D.2d 968 (1999)

700 N.Y.S.2d 608

In the Matter of MARK ELLIOT, 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 30, 1999.

Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Petitioner was found guilty after a Tier III hearing of violating inmate rules 100.11 (7 NYCRR 270.2 [B] [1] [ii] [assaulting a staff member]) and 104.11 (7 NYCRR 270.2 [B] [5] [ii] [engaging in violent conduct]). He contends that he was deprived of his right to an unbiased and impartial Hearing Officer. That contention was raised at the hearing and...

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