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IN THE MATTER OF BUNTING v. GOORD

25 A.D.3d 845 (2006)

809 N.Y.S.2d 588

In the Matter of JOHNNIE BUNTING, 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.

January 5, 2006.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting possession of a weapon after a search of his cell uncovered a small piece of sharpened metal wrapped in tape hidden in a crack in the cell wall. Following a disciplinary hearing, petitioner was found guilty and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We are unpersuaded by petitioner's contention that because...

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