MATTER OF BERNER v. GOORD


262 A.D.2d 881 (1999)

691 N.Y.S.2d 369

In the Matter of MARK BERNER, Appellant, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, et al., Respondents.

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

Decided June 24, 1999.


Mercure, J. P.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules prohibiting harassment and solicitation of services from someone other than a family member without approval. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding claiming that his due process rights were violated because he was not served with a copy of the misbehavior report at least 24 hours prior to the commencement...

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