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MATTER OF ALMONTE v. GOORD

261 A.D.2d 684 (1999)

690 N.Y.S.2d 757

In the Matter of MARCO ALMONTE, 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 committing an unhygienic act and damaging State property. The misbehavior report stated that, on January 7, 1998, a correction officer walked near petitioner's cell to investigate why mealtime was being held up and saw that someone had thrown feces all over the "feed up" cart and trays. The correction officer noticed that the floor in front...

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