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IN THE MATTER OF QUEZADA v. GOORD

19 A.D.3d 964 (2005)

797 N.Y.S.2d 323

In the Matter of AVIS QUEZADA, 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.

June 30, 2005.

Petitioner physically restrained another inmate while a third inmate stabbed him with a pen and was later charged in a misbehavior report with assaulting an inmate and engaging in violent conduct. He was found guilty of both charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.*

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