MATTER OF RUSHING v. GOORD


298 A.D.2d 782 (2002)

749 N.Y.S.2d 314

In the Matter of ROB C. RUSHING, 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 31, 2002.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting assault on a staff member, violent conduct and creating a disturbance. According to the misbehavior report and the testimony of the correction officer who authored it, petitioner had punched him in the face without provocation. A second officer, observing the scuffle, helped the first to subdue and handcuff petitioner.

Substantial evidence of petitioner's guilt was presented in the...

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