MATTER OF EVERETT v. GOORD


253 A.D.2d 932 (1998)

678 N.Y.S.2d 400

In the Matter of Demetriss Everett, Petitioner, v. Glenn S. Goord, as Commissioner of The Department of Correctional Services, Respondent

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

September 10, 1998


Petitioner was charged with and found guilty of violating the prison disciplinary rule prohibiting inmates from possessing alcoholic beverages after a routine search of his cell disclosed a garbage bag and container filled with fermenting juice and bread. Contrary to petitioner's contention, we find that the misbehavior report and supporting memorandum, together with the testimony presented at the hearing, provide substantial evidence of petitioner's guilt (see,

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