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IN THE MATTER OF GOMEZ v. LECLAIRE

503590

2008 NY Slip Op 06479

IN THE MATTER OF SAUL GOMEZ, Petitioner, v. LUCIEN LECLAIRE, as Commissioner of Correctional Services, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Saul Gomez, Albion, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

Before: Mercure, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND JUDGMENT

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit conspiring to introduce drugs into the facility, smuggling or soliciting another to smuggle items into the facility, possessing contraband and violating facility correspondence procedures. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges and a penalty of 12 months in the special...

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