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IN THE MATTER OF BLACKWELL v. GOORD

5 A.D.3d 883 (2004)

772 N.Y.S.2d 761

In the Matter of JAMES BLACKWELL, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 11, 2004.

Crew III, J.

Petitioner, a prison inmate, challenges two disciplinary determinations stemming from separate and unrelated incidents occurring in February 2002 and June 2002. In the first incident, petitioner was charged in a misbehavior report with lewd exposure after he was observed masturbating in the facility's visiting room. Following a tier III disciplinary hearing, petitioner was found guilty of the foregoing charge and a penalty was imposed. In the second incident...

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