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MATTER OF HAYES v. GOORD

284 A.D.2d 813 (2001)

728 N.Y.S.2d 803

In the Matter of ROBERT S. HAYES, 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 28, 2001.

Peters, J.

Petitioner, a prison inmate, was found guilty after a tier III hearing of being out of place in violation of prison disciplinary rule 109.10 (7 NYCRR 270.2 [B] [10] [i]). The misbehavior report related that on June 19, 1999, petitioner and another inmate left the prison library without permission and went to the agricultural class area where they pried open hasps secured with a padlock and took two wooden planters...

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