MATTER OF CALDWELL v. GOORD


34 A.D.3d 1173 (2006)

827 N.Y.S.2d 709

In the Matter of RICKY CALDWELL, 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.

Decided November 30, 2006.


Kane, J.

Petitioner, an inmate, was charged in a misbehavior report with conspiring to introduce narcotics into the prison, smuggling, making a third-party telephone call and using another inmate's personal identification number to make a telephone call. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. The determination was confirmed on administrative appeal, prompting this CPLR article 78 proceeding.

Because the Hearing...

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