MATTER OF OHNMACHT v. GOORD


47 A.D.3d 1030 (2008)

850 N.Y.S.2d 245

In the Matter of DAVID OHNMACHT, 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 January 10, 2008.


During an altercation with a correction officer, petitioner struck the officer in the face. He was thereafter charged in a misbehavior report with assaulting staff and found guilty of the charge following a tier III disciplinary hearing. The determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony of the correction officer who authored it as well as another officer...

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