MATTER OF HAY v. GOORD


239 A.D.2d 692 (1997)

657 N.Y.S.2d 1019

In the Matter of Marlon Hay, Petitioner, v. Glenn S. Goord, as Commissioner of The New York State Department of Correctional Services, Respondent

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

May 8, 1997


Petitioner was found guilty of violating the prison disciplinary rule that prohibits assaulting staff. He challenges this determination on the ground that it was not based upon substantial evidence. We disagree. Presented in evidence at the disciplinary hearing was a detailed misbehavior report describing the charged misconduct together with the testimony of two correction officers who were eyewitnesses to the events in question. This was sufficient to constitute substantial...

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