MATTER OF MARTINEZ v. GOORD


48 A.D.3d 851 (2008)

850 N.Y.S.2d 708

In the Matter of JOSE MARTINEZ, 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 7, 2008.


Petitioner, an inmate, was charged in a misbehavior report with violating the prison disciplinary rule prohibiting illicit drug use. Following the ensuing tier III disciplinary hearing, petitioner was found guilty as charged and ultimately given a penalty of two months and 24 days in the special housing unit, five months and 24 days loss of privileges and six months recommended loss of good time. This CPLR article 78 proceeding ensued.

We confirm. Initially, we note...

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