MATTER OF PRIMO v. GOORD


266 A.D.2d 602 (1999)

697 N.Y.S.2d 750

In the Matter of DARRYL PRIMO, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided November 4, 1999.


Carpinello, J.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits assaulting other inmates. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt on procedural and substantial evidence grounds. Supreme Court transferred the matter to this Court and we confirm.

Initially, we reject petitioner's contention that the absence...

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