IN THE MATTER OF CARRINGTON v. GOORD


20 A.D.3d 835 (2005)

798 N.Y.S.2d 700

In the Matter of JONATHAN CARRINGTON, 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.

July 28, 2005.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating the prison disciplinary rule that prohibits creating a disturbance after he became agitated and argumentative when called to the Inmate Grievance Office to discuss a letter of complaint that he had written. Contrary to petitioner's contention, the misbehavior report and testimony of its author provide substantial evidence to support the determination...

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