MATTER OF BALDWIN v. GOORD


262 A.D.2d 691 (1999)

691 N.Y.S.2d 590

In the Matter of STANLEY BALDWIN, 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 June 3, 1999.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from possessing weapons after petitioner was found in possession of a net bag containing three shank-type weapons. Petitioner's guilt was affirmed upon administrative appeal, although the penalty was reduced, prompting him to commence this CPLR article 78 proceeding. Contrary to petitioner's contention, we find that the...

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