MATTER OF TENACE v. GOORD


278 A.D.2d 549 (2000)

717 N.Y.S.2d 408

In the Matter of LOUIS C. TENACE, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services of the State of New York, et al., Respondents.

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

Decided December 7, 2000.


Crew III, J.

In June 1998 petitioner, a prison inmate, was served with a misbehavior report charging him with possession of unauthorized organizational materials, possession of stolen State property and possession of contraband. The charges stemmed from a search of petitioner's cell which resulted in the confiscation of, inter alia, 300 pages of written materials, including materials pertaining to the Ku Klux Klan. A tier III disciplinary hearing ensued, at...

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