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MATTER OF LA BANCA v. GOORD

297 A.D.2d 868 (2002)

746 N.Y.S.2d 915

In the Matter of JAY LA BANCA, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided September 19, 2002.

Petitioner challenges a tier III disciplinary determination which found him guilty of violating facility correspondence procedures, refusing to obey a direct order and conspiring to introduce controlled substances into the facility. By pleading guilty at his disciplinary hearing to the first two charges, petitioner is precluded from challenging the determination of his guilt thereof on substantial evidence grounds (see Matter of Jones v Goord, 274...

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