MATTER OF HARVEY v. GOORD


47 A.D.3d 1096 (2008)

850 N.Y.S.2d 268

In the Matter of MIGUEL HARVEY, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided January 17, 2008.


At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of unauthorized organizational activity and a facility correspondence violation. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. The determination of guilt is supported by substantial evidence consisting of the misbehavior report and testimony adduced at the hearing, including admissions made by petitioner that he mailed...

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