MATTER OF GLOSTER v. GOORD


278 A.D.2d 568 (2000)

717 N.Y.S.2d 411

In the Matter of JERRY GLOSTER, Petitioner, v. GLENN GOORD, as Commissioner of the State of New York Department of Correctional Services, et al., Respondents.

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

Decided December 7, 2000.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit fighting, violent conduct and disobeying a direct order. Petitioner offered unrefuted testimony that he was not the aggressor of the fight but was attacked by an inmate with a metal shank. Nevertheless, the misbehavior report states that petitioner ignored several direct orders to stop fighting and continued to struggle and resist after being forcibly removed...

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