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IN THE MATTER OF MODLENAAR v. GOORD

21 A.D.3d 1190 (2005)

800 N.Y.S.2d 859

In the Matter of MICHAEL MODLENAAR, 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 22, 2005.

Mercure, J.

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, received two misbehavior reports, both dated November 25, 2003, charging him with violating a direct order, causing a disturbance and assault. Following a tier III hearing, petitioner was found guilty of all charges and given 24 months in the special housing unit. Upon administrative review, the determination was modified to 12 months. Petitioner initiated this CPLR article 78 proceeding...

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