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MATTER OF CAROSELLI v. GOORD

23 A.D.3d 712 (2005)

803 N.Y.S.2d 288

In the Matter of DINO CAROSELLI, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

November 3, 2005.

Spain, J.

Petitioner, currently an inmate at Shawangunk Correctional Facility in Ulster County, was charged in a misbehavior report dated November 20, 2003 with violating the prison disciplinary rule that prohibits inmates from committing a Penal Law offense. The charge flowed from petitioner's November 14, 2003 conviction, by a jury in Cayuga County, of assault in the second degree (see Penal Law § 120.05 [3], [7]). The alleged conduct underlying the...

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