MATTER OF MELENDEZ v. GOORD


288 A.D.2d 791 (2001)

733 N.Y.S.2d 281

In the Matter of MICHAEL MELENDEZ, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided November 29, 2001.


Petitioner was the subject of three misbehavior reports, the first of which arose out of an incident that took place June 24, 1999 when petitioner and eight other inmates refused to obey orders to lock into their cells following an inmate's assault upon two correction officers. At the disciplinary hearing that ensued, evidence was presented in the form of the misbehavior report, the eyewitness testimony of the correction officer who

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