MATTER OF POLITE v. GOORD


49 A.D.3d 944 (2008)

853 N.Y.S.2d 211

In the Matter of ERIC POLITE, 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 March 6, 2008.


Following a tier III disciplinary hearing, petitioner was found guilty of making threats, being out of place, leaving an assigned area and violating the movement regulations. Respondent modified the determination upon administrative appeal by dismissing the threats charge, but otherwise affirmed the determination and did not reduce the penalty imposed. This CPLR article 78 proceeding ensued.*

Petitioner contends that he was denied adequate...

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