MATTER OF PELLOT v. GOORD


264 A.D.2d 955 (1999)

695 N.Y.S.2d 755

In the Matter of ISMAEL PELLOT, Petitioner, v. GLENN S. 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 September 30, 1999.


Mugglin, J.

Petitioner was found guilty of creating a disturbance and disobeying a direct order in violation of certain prison disciplinary rules. According to the misbehavior report, petitioner and his cellmate refused orders to stop kicking their cell door and screaming for supplies. The issue presented is whether this determination is supported by substantial evidence (see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966...

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