MATTER OF LOPEZ v. GOORD


284 A.D.2d 757 (2001)

728 N.Y.S.2d 532

In the Matter of ANTONIO LOPEZ, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

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

Decided June 21, 2001.


In January 2000, petitioner was found guilty of violating the prison disciplinary rules that prohibit assault and violent conduct. Evidence presented at the disciplinary hearing included the misbehavior report which related that petitioner and an unidentified inmate had approached a third inmate in a bathroom where petitioner attempted to slash the victim in the face with a homemade weapon. The victim raised his left arm in a defensive...

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