MATTER OF SEPE v. GOORD


1 A.D.3d 667 (2003)

766 N.Y.S.2d 614

In the Matter of FRANK SEPE, 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.

November 6, 2003.


Carpinello, J.

Following a visit, petitioner, a prison inmate, was placed in an observation cell because correction officers suspected that he possessed contraband. During a subsequent search of the cell, correction officers found a cell phone battery. Thereafter, petitioner was charged in a misbehavior report with possession of contraband and smuggling. He was found guilty of both charges following a tier III disciplinary hearing. The penalty was modified upon administrative...

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