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MATTER OF CRUZ v. GOORD

260 A.D.2d 379 (1999)

688 N.Y.S.2d 562

In the Matter of PETER CRUZ, Petitioner, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided April 5, 1999.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The written misbehavior report which was prepared by an employee of the facility who observed the incident provided substantial evidence of the petitioner's misconduct (see, Matter of Foster v Coughlin, 76 N.Y.2d 964). Contrary to the petitioner's contention, the mere fact that he was found not guilty...

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