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IN THE MATTER OF BURGESS v. GOORD

30 A.D.3d 877 (2006)

816 N.Y.S.2d 766

In the Matter of HERBERT BURGESS, 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.

June 22, 2006.

During a search of petitioner's cell, a number of items were recovered including, among other things, papers detailing the sale of food items, legal papers belonging to another inmate, five lottery tickets and certain gang-related materials. As a result, petitioner was charged in a misbehavior report with engaging in an unauthorized exchange, possessing contraband, smuggling, misusing state property and possessing lottery tickets...

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