IN THE MATTER OF BONACCI v. GOORD


3 A.D.3d 639 (2004)

769 N.Y.S.2d 912

In the Matter of ANTHONY BONACCI, 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.

January 8, 2004.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting fighting after he and his cellmate engaged in a physical altercation that left both of them injured. Substantial evidence supports the determination of petitioner's guilt in the form of the misbehavior report, the hearing testimony given by two correction officers and a facility nurse, and by petitioner's own testimony in which he conceded that he had participated in the fight (see Matter...

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