MATTER OF MUSE v. GOORD


307 A.D.2d 570 (2003)

762 N.Y.S.2d 304

In the Matter of ALAN MUSE, 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 July 17, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting assault on an inmate, fighting and failure to report an injury. According to the misbehavior report, petitioner was involved in a fight that took place in the shower room of the facility's armory. Armed with a shovel, petitioner injured two other inmates whose lacerations required stitches. Evidence presented at the disciplinary hearing included the misbehavior report and the testimony of the...

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