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MATTER OF DE LEON v. GOORD

290 A.D.2d 853 (2002)

736 N.Y.S.2d 760

In the Matter of ISIDORO DE LEON, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided January 24, 2002.

Carpinello, J.

Petitioner was found guilty of violating prison disciplinary rules prohibiting, inter alia, assault on an inmate, violent conduct, fighting and possession of a weapon. At the disciplinary hearing, two correction officers testified that they observed petitioner making stabbing movements towards another inmate with whom he was fighting. In addition, both correction officers testified that as they approached the scene, they observed petitioner throw an...

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