MATTER OF ANDERSON v. GOORD


262 A.D.2d 896 (1999)

694 N.Y.S.2d 776

In the Matter of GLENN S. ANDERSON, Petitioner, v. GLENN S. GOORD, as Commissioner of the 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.


Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules which prohibit inmates from fighting and disobeying a direct order. Notably, petitioner pleaded not guilty to the fighting charge and guilty "with an explanation" to the disobeying a direct order charge. With respect to the latter admission, petitioner maintained that his refusal to break away from the altercation with another inmate was justified since he was...

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