MATTER OF MITCHELL v. GOORD


266 A.D.2d 614 (1999)

697 N.Y.S.2d 753

In the Matter of PAUL MITCHELL, 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 November 4, 1999.


Spain, J.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of possessing narcotics, a weapon and unauthorized money in violation of prison disciplinary rules. According to the misbehavior report, these items were recovered during a frisk of petitioner's cell which petitioner was permitted to observe from the gallery. The determination of guilt was affirmed upon petitioner's administrative appeal and petitioner subsequently commenced...

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