MATTER OF CALLENS v. GOORD


286 A.D.2d 811 (2001)

730 N.Y.S.2d 263

In the Matter of JAMES CALLENS, Petitioner, 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 September 20, 2001.


Rose, J.

Petitioner was charged with, and ultimately found guilty of, violating the prison disciplinary rule against urging others to participate in a work stoppage. Petitioner commenced this CPLR article 78 proceeding contending that the determination, based primarily on confidential information, is not supported by substantial evidence. We agree.

It is well settled that a disciplinary determination may be predicated upon hearsay confidential information...

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