MATTER OF FONG v. GOORD


36 A.D.3d 1099 (2007)

827 N.Y.S.2d 364

In the Matter of JOSE FONG, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 18, 2007.


Approximately three weeks after petitioner was moved into a double-bunk cell that was occupied by another inmate, a correction officer found a sharpened metal door-latch plate secreted underneath the toilet. Petitioner was then charged in a misbehavior report with possessing a weapon, possessing unauthorized contraband and damaging state property. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was thereafter affirmed on...

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