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Matter of Cruz v. Goord

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 379 (N.Y. App. Div. 1999)

Opinion

April 5, 1999

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.


The written misbehavior report which was prepared by an employee of the facility who observed the incident provided substantial evidence of the petitioner's misconduct ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964). Contrary to the petitioner's contention, the mere fact that he was found not guilty with regard to one of the two rule violations which were cited in the inmate misbehavior report does not compel the conclusion that the respondents' determination of guilt with regard to the other rule violation was arbitrary and capricious.

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.


Summaries of

Matter of Cruz v. Goord

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 379 (N.Y. App. Div. 1999)
Case details for

Matter of Cruz v. Goord

Case Details

Full title:In the Matter of PETER CRUZ, Petitioner, v. GLENN GOORD, as Commissioner…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1999

Citations

260 A.D.2d 379 (N.Y. App. Div. 1999)
688 N.Y.S.2d 562

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