MATTER OF MENA v. GOORD


275 A.D.2d 828 (2000)

713 N.Y.S.2d 297

In the Matter of LUIS MENA, Petitioner, v. GLENN S. 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 September 14, 2000.


Following a tier III hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting assault on an inmate, violent conduct, creating a disturbance and failure to obey an order. Contrary to petitioner's contention, we find that the detailed misbehavior report, combined with the reporting officer's testimony based upon his eyewitness observations and the testimony of another correction officer who endorsed the report, provide substantial evidence of...

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