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MATTER OF JENKINS v. GOORD

274 A.D.2d 973 (2000)

711 N.Y.S.2d 820

In the Matter of KENNETH JENKINS, Petitioner, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided July 7, 2000.

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: The misbehavior report and videotape of the subject incident constitute substantial evidence supporting the determination that petitioner violated inmate rules 104.11 (7 NYCRR 270.2 [B] [5] [ii] [engaging in violent conduct]), 104.13 (7 NYCRR 270.2 [B] [5] [iv] [creating a disturbance]...

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