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MATTER OF BURR v. GOORD

287 A.D.2d 931 (2001)

731 N.Y.S.2d 786

In the Matter of DAVID BURR, 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 October 25, 2001.

Petitioner was found guilty of violating the prison disciplinary rule which prohibits fighting. He challenges the determination on the ground that it was not based on substantial evidence. We disagree. The evidence presented at petitioner's disciplinary hearing included the misbehavior report and the testimony of the correction officer who wrote it. He stated that he had observed petitioner engaging in a fist fight with another...

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