MATTER OF BAXTER v. GOORD


42 A.D.3d 798 (2007)

838 N.Y.S.2d 792

In the Matter of JAMES BAXTER, 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, an inmate, was charged in a misbehavior report with fighting, violent conduct, creating a disturbance and refusing a direct order. He pleaded guilty to refusing a direct order and, following a tier III disciplinary hearing, was found guilty of the remaining charges. Having exhausted his administrative remedies, petitioner now brings this CPLR article 78 proceeding.

We confirm. The determination of guilt is supported by substantial evidence in the form...

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