MATTER OF SCHULTZ v. GOORD


301 A.D.2d 764 (2003)

753 N.Y.S.2d 223

In the Matter of JAMES F. SCHULTZ, 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 January 9, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting the unauthorized solicitation of goods from nonfamily members, selling controlled substances, stealing, participation in third-party telephone calls and failure to comply with facility telephone regulations. Respondent concedes, and our review confirms, that so much of the determination as found petitioner guilty of the charge of stealing is not supported by the requisite substantial evidence...

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