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IN THE MATTER OF BARNES v. GOORD

20 A.D.3d 615 (2005)

797 N.Y.S.2d 324

In the Matter of JIMMY LEE BARNES, JR., 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.

July 7, 2005.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting fighting, violent conduct, creating a disturbance and refusing a direct order. Initially, petitioner's claim that his hearing was not timely commenced is unpersuasive as he erroneously counted the day on which the misbehavior report was written as one of the seven days within which the hearing was required to be held ...

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