MATTER OF STARKS v. GOORD


2 A.D.3d 1117 (2003)

768 N.Y.S.2d 689

In the Matter of TONY STARKS, 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.

December 18, 2003.


Peters, J.

Petitioner was charged in a misbehavior report with assault and possession of a weapon after a correction officer observed him attack another inmate with a sharpened plastic shank. At the conclusion of a subsequent tier III disciplinary hearing, he was found guilty of both charges. The determination was upheld on administrative appeal and this CPLR article 78 proceeding ensued.

Petitioner initially contends that he was denied the right to have his...

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