MATTER OF BATTEN v. GOORD


258 A.D.2d 794 (1999)

684 N.Y.S.2d 445

In the Matter of FLOYD BATTEN, Petitioner, v. GLENN S. GOORD, as Commissioner of the State of New York Department of Correctional Services, et al., Respondents.

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

Decided February 18, 1999.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of refusing to obey a direct order to report to another area of the facility. Petitioner's administrative appeal of this determination was unsuccessful, prompting him to commence this CPLR article 78 proceeding. We confirm. The detailed misbehavior report combined with the testimony of its author as well as another witness provide substantial evidence to support the determination of petitioner...

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