MATTER OF FILPO v. GOORD


37 A.D.3d 891 (2007)

828 N.Y.S.2d 732

In the Matter of DIOGENES FILPO, 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 February 1, 2007.


As the result of a random pat-frisk, a substance suspected to be narcotics was found on petitioner's person. Petitioner ultimately was charged with violating a prison disciplinary rule that prohibits the possession of drugs. A tier III disciplinary hearing was held, after which petitioner was found guilty and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding seeking to overturn the determination.<...

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