MATTER OF MARIE v. GOORD


34 A.D.3d 1019 (2006)

824 N.Y.S.2d 467

In the Matter of REGINALD J. MARIE, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided November 16, 2006.


Carpinello, J.P.

Petitioner was charged in two misbehavior reports with violating the prison disciplinary rules prohibiting fighting, engaging in violent conduct, creating a disturbance, assaulting staff, refusing a direct order and refusing to be frisked. At the ensuing tier III disciplinary hearing, the Hearing Officer ordered that petitioner be removed because of his unruly conduct. The hearing continued in petitioner's absence and he was ultimately found guilty...

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