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MATTER OF BAZELAIS v. GOORD

278 A.D.2d 723 (2000)

718 N.Y.S.2d 245

In the Matter of FRITZGERALD BAZELAIS, 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 December 21, 2000.

Lahtinen, J.

Following an altercation with another inmate, petitioner was charged in a misbehavior report with refusing to obey a direct order, violent conduct, disturbing the order of the facility and fighting. The initial determination after a tier III hearing, which found petitioner guilty of all charges, was administratively reversed and a new hearing was ordered. The new hearing resulted in a determination which found petitioner guilty of all charges except refusing...

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