MATTER OF WIGFALL v. GOORD


53 A.D.3d 943 (2008)

861 N.Y.S.2d 528

In the Matter of JOSEPH WIGFALL, 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 July 24, 2008.


Following a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order, making threats, harassing facility staff and creating a disturbance. Upon administrative appeal, that determination was affirmed with a modified penalty of 90 days in the special housing unit and a corresponding loss of privileges, along with 60 days of recommended loss of good time. This CPLR article 78 proceeding seeking annulment ensued.

We confirm. Substantial evidence...

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