IN THE MATTER OF HOWARD v. GOORD


9 A.D.3d 778 (2004)

779 N.Y.S.2d 871

In the Matter of MICHAEL HOWARD, 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.

July 22, 2004.


During an investigation into the death of an inmate, investigators obtained several signed statements from inmates who observed petitioner and the deceased in a fight. One of the investigators authored a misbehavior report against petitioner, charging him with assault, fighting and failing to promptly report an injury to himself. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. On administrative appeal, the assault charge was dismissed...

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