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IN THE MATTER OF ALBA v. GOORD

6 A.D.3d 847 (2004)

774 N.Y.S.2d 443

In the Matter of FRANK ALBA, 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.

April 8, 2004.

Lahtinen, J.

Petitioner was charged in a misbehavior report with violating prison disciplinary rules prohibiting drug possession and smuggling. The charges stemmed from an ongoing investigation of petitioner's housing unit, which revealed that petitioner had arranged to sell a quantity of heroin to another inmate in exchange for $50. After a tier III hearing, petitioner was found guilty of both charges, which determination was upheld on administrative appeal, although...

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