MATTER OF VAN GORDER v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


42 A.D.3d 834 (2007)

839 N.Y.S.2d 869

In the Matter of FRED E. VAN GORDER, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 26, 2007.


Petitioner challenged a determination finding him guilty of refusing to obey a direct order, creating a disturbance and harassment, all violations of prison disciplinary rules. Supreme Court dismissed the petition, finding no merit to petitioner's allegations that technical errors in the misbehavior report and the failure to complete the hearing in a timely manner rendered the determination void. Petitioner appeals.

Petitioner's contention that the hearing was not...

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