MATTER OF WHALEY v. GOORD


47 A.D.3d 1132 (2008)

850 N.Y.S.2d 281

In the Matter of JOHN WHALEY, 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 24, 2008.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing alcohol, and the determination was subsequently affirmed on administrative appeal. Due to this disciplinary infraction, petitioner was directed to participate in the residential substance abuse treatment (hereinafter RSAT) program. He filed an unsuccessful grievance and refused to participate in the program, which resulted in negative evaluations, his eventual removal...

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