MATTER OF AGOSTO v. GOORD


261 A.D.2d 888 (1999)

689 N.Y.S.2d 918

In the Matter of LUIS AGOSTO, Petitioner, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided May 7, 1999.


Determination unanimously confirmed without costs and amended petition dismissed.

Memorandum:

Petitioner challenges a prison disciplinary determination finding him guilty of violating inmate rule 100.11 (7 NYCRR 270.2 [B] [1] [i] [assaulting or attempting to injure staff member]). Petitioner contends that the finding of guilt is not supported by substantial evidence. Because petitioner failed to raise that contention on his administrative appeal, he failed...

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