MATTER OF ELLINGTON v. GOORD


290 A.D.2d 919 (2002)

736 N.Y.S.2d 639

In the Matter of THOMAS ELLINGTON, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, Respondent.

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

Decided January 31, 2002.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing weapons. As set forth in the misbehavior report, the reporting correction officer was assisting in a routine search of petitioner's dormitory when he observed petitioner running from his cube toward the end of the building, holding an object in his hand which he proceeded to place under a radiator. When the officer looked under the radiator, he found an eight-inch-long...

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