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MATTER OF ENCARNACION v. GOORD

38 A.D.3d 1023 (2007)

832 N.Y.S.2d 682

In the Matter of BERNABE ENCARNACION, 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 8, 2007.

Petitioner was charged in a misbehavior report with making false statements and refusing a direct order. Following a tier II disciplinary hearing, he was found guilty of both charges. After an administrative appeal, the determination was affirmed. Petitioner commenced this CPLR article 78 proceeding challenging the determination.

The misbehavior report, together with the testimony of the nurse who investigated the matter, provide substantial evidence supporting the...

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