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IN THE MATTER OF FLUDD v. GOORD

18 A.D.3d 929 (2005)

794 N.Y.S.2d 499

In the Matter of NORMAN FLUDD, 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.

May 5, 2005.

During an investigation, it was discovered that petitioner had sold heroin to another inmate and had directed that the payment be sent to petitioner's brother in Brooklyn. As a result, he was charged in a misbehavior report with the sale of a controlled substance and was found guilty following a tier III disciplinary hearing. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78 proceeding.

The misbehavior report...

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