IN THE MATTER OF PORTER v. GOORD


21 A.D.3d 1168 (2005)

800 N.Y.S.2d 792

In the Matter of LARRY PORTER, 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.

September 15, 2005.


Petitioner was charged in a misbehavior report with harassing a prison employee and committing a sexual offense in violation of the prison disciplinary rules. He was found guilty of the charges following a tier III disciplinary hearing, which determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

The misbehavior report, the testimony of the correction officer who authored it and the testimony of the prison employee that petitioner...

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