MATTER OF WITHERSPOON v. GOORD


284 A.D.2d 681 (2001)

726 N.Y.S.2d 297

In the Matter of ERIC WITHERSPOON, Appellant, 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 June 14, 2001.


Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from participating in a demonstration, refusing a direct order and failing to follow facility rules regarding movement. Upon administrative appeal, the demonstration charge was dismissed. Petitioner then commenced this CPLR article 78 proceeding alleging that various procedural errors required annulment of the determination. Supreme Court dismissed the...

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