MATTER OF GOLD v. BRADT


254 A.D.2d 674 (1998)

679 N.Y.S.2d 731

In the Matter of John Gold, Petitioner, v. Captain Bradt, as Head of Security of Elmira Correctional Facility, Respondent

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

October 29, 1998


Petitioner commenced this CPLR article 78 proceeding challenging the administrative determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from engaging in violent conduct, making threats, engaging in harassment and disobeying a direct order. Contrary to petitioner's contention, the detailed misbehavior report, together with the testimony presented at the hearing, provided substantial evidence to support the finding of guilt (

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