MATTER OF RIZZUTO v. GOORD


36 A.D.3d 1124 (2007)

826 N.Y.S.2d 852

In the Matter of ALFONSO RIZZUTO, 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 January 18, 2007.


Crew III, J.

Petitioner, a prison inmate, was charged in a misbehavior report with making false statements, possessing an unauthorized valuable and using a prepaid telephone calling card. Following a tier III disciplinary hearing, petitioner was found guilty as charged and a penalty of four months' confinement and a corresponding loss of privileges was imposed. Upon administrative review, the respective penalties were reduced to three months. Petitioner then commenced...

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