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MATTER OF PRYCE v. GOORD

274 A.D.2d 804 (2000)

710 N.Y.S.2d 485

In the Matter of WINSTON PRYCE, Appellant, v. GLENN GOORD, as Commissioner of the Department of Correctional Services, Respondent.

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

Decided July 20, 2000.

Prefatorily, as one of the issues raised is whether the administrative determination is supported by substantial evidence, Supreme Court should have transferred the proceeding to this Court (see, CPLR 7804 [g]; Matter of Odom v Goord, 271 A.D.2d 792). However, as the matter is now before us, we will decide the issue as if it had been transferred in the first instance (see, id.).

Following a tier II hearing,...

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