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MATTER OF McKINLEY v. GOORD

47 A.D.3d 974 (2008)

849 N.Y.S.2d 322

In the Matter of SINCERE McKINLEY, 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 3, 2008.

Petitioner sent a letter to the Deputy Commissioner of Correctional Services insinuating that he would assault staff if he was not transferred to another correctional facility. As a result, he was charged in a misbehavior report with making threats. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and the determination was affirmed on administrative review with a modified penalty. This CPLR article 78 proceeding ensued.

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