MATTER OF DOGGETT v. GOORD


252 A.D.2d 867 (1998)

675 N.Y.S.2d 714

In the Matter of Clyde Doggett, Petitioner, v. Glenn Goord, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

July 23, 1998


Following a tier II disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule prohibiting inmates from refusing program assignments. In connection therewith, a $5 mandatory disciplinary surcharge was imposed upon petitioner. Inasmuch as it has been held that the assessment of a mandatory penalty surcharge does not violate an inmate's due process rights (see, Matter of Allah v Coughlin, 190 A.D.2d 233

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