MATTER OF MUNIZ v. GOORD


32 A.D.3d 1073 (2006)

820 N.Y.S.2d 368

In the Matter of EFRAIN J. MUNIZ, 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 14, 2006.


Petitioner, an inmate, was charged in a misbehavior report with disobeying a direct order, being out of place and harassing an employee after he refused orders to report to his assigned program and made an obscene comment about a counselor. A tier II disciplinary hearing was held, and petitioner was found guilty of all charges and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding.

The misbehavior...

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