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MATTER OF HERNANDEZ v. GOORD

37 A.D.3d 893 (2007)

830 N.Y.S.2d 364

In the Matter of JESUS HERNANDEZ, 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.

Petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination finding him guilty of violating the prison disciplinary rule that prohibits possession of contraband. The misbehavior report, which was authored by the correction officer who discovered the contraband on petitioner's person during a strip search, provides substantial evidence of petitioner's guilt (see Matter of Foster v Coughlin,

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