IN THE MATTER OF ROSARIO v. GOORD


12 A.D.3d 758 (2004)

783 N.Y.S.2d 726

In the Matter of MELVIN ROSARIO, Petitioner, v. GLENN S. GOORD, Commissioner of Correctional Services, Respondent.

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

November 4, 2004.


After correction officers received confidential information that petitioner had struck and injured another inmate, he was charged in a misbehavior report with violating the prison disciplinary rules prohibiting fighting, violent conduct and assault. He was found not guilty of fighting, but guilty of the remaining charges following a tier III disciplinary hearing. The determination was upheld on administrative appeal, resulting in this CPLR article 78 proceeding.

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