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MATTER OF ROMAN v. GOORD

11 A.D.3d 858 (2004)

783 N.Y.S.2d 150

In the Matter of ERIC ROMAN, 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.

October 28, 2004.

Following a disciplinary hearing, petitioner was found guilty of violating prison disciplinary rules that prohibit violent conduct, smuggling, refusing a direct order, making a false statement and the failure to comply with frisk procedures.* According to the misbehavior report, petitioner was observed wearing a heavy coat on a hot day and, when asked by a correction officer, denied having any contraband. The correction officer then pat frisked...

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