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MATTER OF GOODMAN v. SMITH

511302.

85 A.D.3d 1474 (2011)

925 N.Y.S.2d 904

2011 NY Slip Op 5392

In the Matter of KENNETH GOODMAN, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 23, 2011.

After a correction officer observed petitioner and another inmate squared off in a fighting stance, petitioner was charged in a misbehavior report with threatening violence and disorderly conduct. Following a tier II disciplinary hearing, he was found guilty of both charges and that determination was administratively affirmed. Thereafter, petitioner commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report and hearing testimony of both petitioner...

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