MATTER OF RIZZUTO v. GOORD


35 A.D.3d 1075 (2006)

825 N.Y.S.2d 592

In the Matter of ALFONSO RIZZUTO, Petitioner, 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 December 21, 2006.


Lahtinen, J.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting the possession of outdated and/or excess medication. Petitioner commenced this proceeding challenging said determination, and we confirm.

The misbehavior report, hearing testimony and petitioner's admissions comprise substantial evidence in support of the determination of guilt (see Matter of Calhoun v Goord, 20 A.D.3d 628...

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