MATTER OF NIEVES v. GOORD


262 A.D.2d 1042 (1999)

693 N.Y.S.2d 361

In the Matter of RICKY NIEVES, 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 June 18, 1999.


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner commenced this proceeding seeking to annul a determination that he violated inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii] [possessing unauthorized organizational materials]). Because the petition did not raise a substantial evidence issue, Supreme Court erred in transferring the proceeding to this Court (see, CPLR 7804 [g]). Nevertheless, we address the...

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