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MATTER OF BROWN v. GOORD

275 A.D.2d 821 (2000)

713 N.Y.S.2d 101

In the Matter of CECIL BROWN, Appellant, v. GLENN S. 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, Third Department.

Decided September 14, 2000.

Petitioner was found guilty of creating a disturbance, assaulting a staff member and interfering with an employee after he jumped on the back of a correction officer and kicked him. In this CPLR article 78 proceeding challenging that determination, Supreme Court found that petitioner received meaningful assistance, that he had waived his right to have his assistant testify because he failed to request it and that the delay in concluding...

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