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MATTER OF POLITE v. GOORD

258 A.D.2d 795 (1999)

684 N.Y.S.2d 445

In the Matter of GARY POLITE, Petitioner, v. GLENN 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.

Decided February 18, 1999.

Following a tier III disciplinary hearing petitioner, a prison inmate, was found guilty of assaulting a staff member and committing an unhygienic act by spitting feces on a correction officer. Petitioner was also found guilty of creating a disturbance by continually flushing his toilet, causing it to flood. Petitioner thereafter commenced this CPLR article 78 proceeding challenging the determination and we confirm. The clear and detailed misbehavior reports authored by the...

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