MATTER OF ORTIZ v. GOORD


281 A.D.2d 678 (2001)

720 N.Y.S.2d 846

In the Matter of ANGEL ORTIZ, 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 March 1, 2001.


After a pat frisk, petitioner was charged with violating the prison disciplinary rule which prohibits the possession of controlled substances. At the conclusion of a tier III hearing, petitioner was found guilty of the charge, a finding which was affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding to review the determination.

Although the petition raised a substantial evidence issue, petitioner's brief is limited to alleged...

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