MATTER OF WHEELER v. GOORD


297 A.D.2d 402 (2002)

746 N.Y.S.2d 89

In the Matter of DAMON WHEELER, 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 August 1, 2002.


Petitioner was charged in a misbehavior report with possession of stolen property and smuggling after a correction officer obtained information that petitioner had taken a tape deck from the office of the recreation supervisor and given it to another inmate. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and he commenced the instant CPLR article 78 proceeding challenging this determination.

Contrary to petitioner's claim, we...

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