MATTER OF BOYD v. GOORD


50 A.D.3d 1414 (2008)

857 N.Y.S.2d 290

In the Matter of ANDRE BOYD, 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 24, 2008.


Petitioner was charged in a misbehavior report with disobeying a direct order, interfering with an employee and violating urinalysis testing procedures. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty of all charges. That determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment.

The misbehavior report, together with testimony—including...

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