MATTER OF POPE v. GOORD


307 A.D.2d 563 (2003)

762 N.Y.S.2d 297

In the Matter of JOSEPH POPE, 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 July 17, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct, assault on a staff member and refusing to obey a direct order. According to the misbehavior report, petitioner was signing paperwork under the supervision of three correction officers when he ignored an order to remain facing the table, turned around and struck one of the officers in the chest with his pen.

The requisite substantial evidence of petitioner's guilt was...

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