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IN THE MATTER OF KOTLER v. GOORD

17 A.D.3d 828 (2005)

792 N.Y.S.2d 740

In the Matter of KERRY KOTLER, 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.

April 14, 2005.

Spain, J.

Petitioner was charged in a misbehavior report with possession of a weapon in violation of prison disciplinary rules after a search of his cell revealed a metal can lid that had been fashioned into a shank. He was found guilty following a tier III disciplinary hearing, which determination was upheld on administrative appeal. This CPLR article 78 proceeding resulted.

The misbehavior report and extensive hearing testimony by the correction officer...

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