MATTER OF McEWEN v. GOORD


32 A.D.3d 1116 (2006)

821 N.Y.S.2d 477

In the Matter of DAVID R. McEWEN, 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.

September 28, 2006.


During a search of petitioner's cell, a correction officer found a sharpened plastic toothbrush handle hidden in the cell door track. As a result, petitioner was charged with possessing an altered item and a weapon. He was found guilty of both charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Substantial evidence, consisting of the misbehavior...

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