MATTER OF JONES v. GOORD


50 A.D.3d 1427 (2008)

856 N.Y.S.2d 700

In the Matter of MAHMOND JONES, 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 April 24, 2008.


After a search of petitioner's prison cell recovered substances which were subsequently proven to be heroin and marihuana, he was charged in a misbehavior report with violating the prison disciplinary rule prohibiting drug possession. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. That determination was administratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment....

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