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MATTER OF LE GRAND v. GOORD

272 A.D.2d 650 (2000)

714 N.Y.S.2d 700

In the Matter of DEVERNON LE GRAND, Appellant, 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 4, 2000.

Mercure, J. P.

Petitioner is a prison inmate. A misbehavior report dated June 5, 1998 charged petitioner with violating rule 121.11 of the Standards of Inmate Behavior (7 NYCRR 270.2 [B] [22] [ii])* (hereinafter the Rule) by making third-party telephone calls. At the ensuing tier II disciplinary proceeding, petitioner entered a plea of guilty but sought to have the charge dismissed upon the ground that the Rule was unconstitutional. On...

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