MATTER OF CABASSA v. GOORD


36 A.D.3d 1034 (2007)

825 N.Y.S.2d 922

In the Matter of SAMUEL CABASSA, 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 refusing a direct order after he told a correction sergeant that he was not going on a scheduled medical appointment the next day. He was found guilty of the charge following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

The Attorney General has advised this Court that, subsequent to the commencement of this proceeding, the determination...

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