IN THE MATTER OF BROOKS v. GOORD


26 A.D.3d 572 (2006)

807 N.Y.S.2d 721

In the Matter of JOHN BROOKS, 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.

February 2, 2006.


Petitioner was implicated in an attack upon an inmate who was assaulted and cut on the cheek. As a result, he was charged in two misbehavior reports with possessing a weapon, assaulting an inmate, fighting and engaging in violent conduct. He was found guilty of the charges contained in both reports following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior...

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