MATTER OF BURGESS v. GOORD


285 A.D.2d 753 (2001)

729 N.Y.S.2d 203

In the Matter of RONALD BURGESS, 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 July 12, 2001.


Mercure, J.

During the course of a May 7, 1999 incident in a prison yard, an inmate (hereinafter the victim) was observed picking up a weapon, chasing after petitioner and slashing at him with the weapon. As a result of that incident, petitioner was served with a misbehavior report charging him with violent conduct, fighting and refusing a direct order. Following a tier III hearing conducted on May 13, 1999, petitioner...

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