MATTER OF DARVIE v. GOORD


37 A.D.3d 927 (2007)

827 N.Y.S.2d 893

In the Matter of JOSEPH DARVIE, 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 February 8, 2007.


Petitioner was charged in a misbehavior report with refusing a direct order and violating facility movement regulations after he failed to comply with a correction officer's directive with respect to showering. He was found guilty of the charges at the conclusion of 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 the determination at...

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