MATTER OF GONZALEZ v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


277 A.D.2d 539 (2000)

715 N.Y.S.2d 529

In the Matter of CHRISTOBAL GONZALEZ, Petitioner, v. 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 November 2, 2000.


Graffeo, J.

Petitioner was found guilty of being out of place, violating a movement regulation, assaulting a staff member and refusing a direct order after he was involved in an altercation with a correction officer. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination. The matter was subsequently transferred to this Court and we now confirm.

The misbehavior report discloses that...

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