MATTER OF DOLAN v. GOORD


36 A.D.3d 1030 (2007)

826 N.Y.S.2d 521

In the Matter of RORY DOLAN, 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 January 11, 2007.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting the verbal harassment of an employee and creating a disturbance. Following a tier II disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed upon administrative appeal, prompting this CPLR article 78 proceeding by petitioner.

The detailed misbehavior report, which was authored by the correction officer who witnessed the incident...

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