MATTER OF HODGE v. GOORD


280 A.D.2d 767 (2001)

720 N.Y.S.2d 409

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

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

Decided February 1, 2001.


As a result of his refusal to return his food tray, petitioner was charged with violating certain prison disciplinary rules and, after a tier III hearing, he was found guilty of several of those charges. The detailed misbehavior report of the correction officer who was collecting food trays at the time of the incident, together with petitioner's admissions and the report of a sergeant who assisted in retrieving the tray, provide substantial evidence to support the determination...

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