MATTER OF VANIER v. GOORD


284 A.D.2d 598 (2001)

725 N.Y.S.2d 578

In the Matter of JOSEPH VANIER, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided June 7, 2001.


Petitioner challenges a determination finding him guilty of violating a facility correspondence procedure and refusing a direct order. Initially, the Attorney General concedes, and based on our review of the record we agree, that there is insufficient evidence to support the charge of refusing a direct order. Accordingly, this charge must be annulled and expunged from petitioner's institutional record and, inasmuch as the penalty imposed included a loss of good time, the...

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