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MATTER OF HAIGLER v. GOORD

39 A.D.3d 921 (2007)

835 N.Y.S.2d 461

In the Matter of ROBERT HAIGLER, 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 April 5, 2007.

Charged with smuggling, refusing a direct order and refusing a frisk, petitioner was found guilty following a tier III disciplinary hearing. After an administrative appeal, the determination was affirmed. Petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The misbehavior report and the testimony of two correction officers who witnessed the events provide substantial evidence supporting the determination of guilt (see...

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