MATTER OF PROFITT v. GOORD


34 A.D.3d 1136 (2006)

824 N.Y.S.2d 493

In the Matter of EGBERT T. PROFITT, 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.

Decided November 30, 2006.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting the possession of contraband, solicitation, smuggling and abuse of the telephone procedures, after an investigation revealed that he had been in possession of a cellular telephone and had charged other inmates cigarettes to use it. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. Upon administrative appeal, the penalty was modified...

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