MATTER OF MALLOY v. GOORD


50 A.D.3d 1431 (2008)

857 N.Y.S.2d 302

In the Matter of LAVAR MALLOY, 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.


A search of petitioner's prison cell recovered several letters which, upon review by a correction officer with specialized training relative to gangs, were determined to include gang-related references. As a result, petitioner was charged in a misbehavior report with possession of unauthorized organizational materials. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. That determination was administratively affirmed...

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