MATTER OF OMARO v. GOORD


269 A.D.2d 629 (2000)

701 N.Y.S.2d 923

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

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

Decided February 3, 2000.


Following a tier III hearing, petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting the solicitation of a sexual offense, threats, harassment and impersonation. Thereafter, petitioner commenced this CPLR article 78 proceeding alleging certain procedural defects with respect to the hearing and the absence of substantial evidence to support respondent's determination of guilt.

Contrary to petitioner's argument, the detailed...

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