MATTER OF DAVIS v. GOORD


301 A.D.2d 1002 (2003)

753 N.Y.S.2d 409

In the Matter of ROBERT DAVIS, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 30, 2003.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from refusing to obey a direct order after he was charged with having refused to comply with a correction officer's orders to enter his newly-assigned cell. We find that the misbehavior report, prepared by the officer who witnessed the charged misconduct, was sufficiently detailed and probative to constitute substantial evidence of petitioner's guilt, especially when viewed with petitioner...

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