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MATTER OF RIVERA v. GOORD

38 A.D.3d 964 (2007)

832 N.Y.S.2d 300

In the Matter of MARCUS RIVERA, 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 March 1, 2007.

Petitioner challenges a tier III determination finding him guilty of violating the prison disciplinary rules prohibiting assault on an inmate and possession of a weapon. Upon review of the record, we conclude that the misbehavior report, the testimony of the investigating correction officer and the confidential testimony provide substantial evidence supporting the determination of guilt (see Matter of Price v Goord, 29 A.D.3d 1203

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