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MATTER OF CARTER v. GOORD

45 A.D.3d 1077 (2007)

846 N.Y.S.2d 411

In the Matter of SCOTT CARTER, 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 15, 2007.

During a random search of petitioner's cell, a correction officer discovered a sharpened piece of metal approximately 7¼ inches long secreted behind a light fixture. As a result, petitioner was charged in a misbehavior report with possessing a weapon. He was found guilty following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with...

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