MATTER OF ORTIZ v. GOORD


302 A.D.2d 830 (2003)

754 N.Y.S.2d 604

In the Matter of JOSE E. ORTIZ, 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 February 27, 2003.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of alcohol after a search of his cell disclosed approximately 1½ gallons of a liquid that subsequently tested positive for the presence of alcohol. In this CPLR article 78 proceeding petitioner contends, inter alia, that the determination under review must be annulled as a result of respondent's failure to issue an administrative determination

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