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MATTER OF PORTER v. GOORD

47 A.D.3d 978 (2008)

849 N.Y.S.2d 326

In the Matter of LARRY PORTER, 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 3, 2008.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of refusing a direct order and stealing state property. According to the misbehavior report, petitioner refused a correction officer's direct order to get dressed so that a female correction counselor could approach his cell and retrieve documents issued to petitioner pursuant to a Freedom of Information...

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