MATTER OF GARCIA v. GOORD


261 A.D.2d 674 (1999)

690 N.Y.S.2d 169

In the Matter of ANDERSON GARCIA, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

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

Decided May 6, 1999.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of engaging in a sexual act and violating visiting room procedures. According to the misbehavior report, two correction officers witnessed petitioner's visitor fondling his groin and then place his penis back in his pants after one of the correction officers motioned petitioner to come over to the officer's station. Petitioner's administrative appeal of the determination of guilt was...

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