MATTER OF HENLEY v. GOORD


278 A.D.2d 687 (2000)

717 N.Y.S.2d 746

In the Matter of ERNEST HENLEY, Petitioner, v. GLENN S. GOORD, as Commissioner of the 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 December 21, 2000.


Peters, J.

Petitioner was found guilty of assaulting another inmate stemming from his involvement in the near fatal stabbing of a fellow inmate. Among the evidence introduced against petitioner at his disciplinary hearing was the misbehavior report and the testimony of its author indicating that the stabbing victim identified petitioner from a photographic array as the individual who attacked him. This proof, together with the documents presented at the hearing and...

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