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IN THE MATTER OF ALLEN v. GOORD

3 A.D.3d 633 (2004)

771 N.Y.S.2d 206

In the Matter of GARFIELD ALLEN, 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.

January 8, 2004.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting smuggling and failure to comply with visiting regulations. The misbehavior report was authored by a correction officer who was surveilling the facility's noncontact visiting area when he observed petitioner and his visitor crouched down on either side of the door separating the two sides of the noncontact visiting room. The visit was immediately terminated after which a second correction officer...

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