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MATTER OF AVERY v. GOORD

49 A.D.3d 993 (2008)

854 N.Y.S.2d 558

In the Matter of LEON AVERY, Petitioner, v. GLENN GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 13, 2008.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit fighting and assaulting another inmate. Petitioner also was charged in a second misbehavior report with possession of contraband that may be classified as a weapon. These violations stemmed from an incident wherein petitioner engaged in a fight with his cellmate and stabbed his cellmate in the cheek with a pen. Following separate...

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