MATTER OF RIVERA v. GOORD


274 A.D.2d 813 (2000)

711 N.Y.S.2d 917

In the Matter of JOSE RIVERA, Petitioner, v. GLENN S. 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.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules which prohibit inmates from fighting and engaging in violent conduct. The penalty imposed was modified upon petitioner's administrative appeal but otherwise affirmed. Petitioner thereafter commenced this CPLR article 78 proceeding, which we now confirm.

Initially, we note that since petitioner failed to raise any of the issues advanced...

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