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IN THE MATTER OF PROUT v. GOORD

27 A.D.3d 812 (2006)

811 N.Y.S.2d 166

In the Matter of RUSSELL PROUT, 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.

March 2, 2006.

Petitioner's cell was searched on September 30, 2004 and a number of items were confiscated, including a notebook containing information on escape paraphernalia and instructions on making keys. Additional materials, which had been the subject of a 1998 disciplinary determination, were also taken from petitioner's cell. As a result, he was charged in a misbehavior report with possession of contraband, escape paraphernalia and materials used to construct explosive devices....

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