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IN THE MATTER OF CALHOUN v. GOORD

20 A.D.3d 628 (2005)

798 N.Y.S.2d 212

In the Matter of CHARLES T. CALHOUN, 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.

July 7, 2005.

A correction officer responded to the dormitory area after hearing a loud thud and observed petitioner standing with a clenched fist over an unconscious inmate. Petitioner was charged in a misbehavior report with assault, engaging in violent conduct and fighting. At a tier III disciplinary hearing, he pleaded not guilty to the first two charges, but guilty to the last. He was found guilty of all charges and the determination of guilt was affirmed on administrative appeal...

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