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IN THE MATTER OF SMITH v. GOORD

21 A.D.3d 1152 (2005)

800 N.Y.S.2d 789

In the Matter of JULIO I. SMITH, 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.

September 15, 2005.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit fighting, violent conduct, refusing a direct order, possession of weapons and tampering with an electrical device. Initially, petitioner is precluded from challenging the determination finding him guilty of fighting and tampering with an electrical device insofar as he pleaded guilty to these charges...

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