MATTER OF ARIAS v. GOORD


274 A.D.2d 807 (2000)

711 N.Y.S.2d 918

In the Matter of GABRIEL ARIAS, Petitioner, v. GLENN GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

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

Decided July 20, 2000.


Petitioner, a prison inmate, was found guilty of engaging in violent conduct, failing to obey a direct order, assaulting an inmate and creating a disturbance. Contrary to petitioner's contention, the misbehavior report and the eyewitness testimony of the correction officer who authored it provide substantial evidence of petitioner's guilt (see, Matter of Johnson v Selsky, 271 A.D.2d 770). Petitioner's conflicting version of the incident...

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