MATTER OF McALLISTER v. GOORD


42 A.D.3d 765 (2007)

839 N.Y.S.2d 348

In the Matter of CHARLES McALLISTER, 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 July 19, 2007.


Petitioner, a prison inmate, was charged in a misbehavior report with violent conduct and making threats. Following a tier III disciplinary hearing, he was found guilty of both charges. Petitioner thereafter exhausted his administrative remedies and commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, hearing testimony and the victim's written statement—which was treated by the Hearing Officer as confidential—provide substantial...

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