MATTER OF CASE v. GOORD


34 A.D.3d 1065 (2006)

824 N.Y.S.2d 486

In the Matter of DONALD CASE, 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.

Decided November 22, 2006.


During a visit which was recorded on videotape, petitioner and his wife were observed engaging in what appeared to be a sexual act. As a result, petitioner was charged in a misbehavior report with violating a prison disciplinary rule that prohibits inmates from engaging in such conduct. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding...

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