MATTER OF PORTER v. GOORD


288 A.D.2d 650 (2001)

732 N.Y.S.2d 688

In the Matter of ANDRE PORTER, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided November 15, 2001.


Rose, J.

As a result of an incident which occurred during a strip frisk, petitioner was served with a misbehavior report charging him with refusing a direct order, violent conduct or the threat of violent conduct and interference with the duties of an officer. After a tier III hearing, petitioner was found guilty of all charges and he commenced this CPLR article 78 proceeding in which the principal challenge is to the evidentiary basis for the determination of petitioner...

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