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In the Matter of ROBERT MASON, Petitioner, v. GLENN GOORD, as Commissioner of the Department of Correctional Ser

MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from making threats and refusing a direct order. The charges stem from an incident wherein petitioner threatened to spit on a correction officer who discovered that petitioner had failed to comply with a direct order to trim his fingernails. Contrary to petitioner's contention, the detailed misbehavior report and hearing testimony provide substantial evidence to support the determination of his guilt (see, Matter of Harris v. Corcoran, 261 A.D.2d 740; Matter of Saunders v. La Bombard, 257 A.D.2d 840). Moreover, the hearing was timely concluded pursuant to a valid extension granted for the purpose of obtaining the testimony of a witness requested by petitioner (see, Matter of Stokes v. Goord, 254 A.D.2d 558, lv denied 92 N.Y.2d 819; Matter of Reynoso v. Coombe, 229 A.D.2d 732, lv denied 89 N.Y.2d 801). We have examined petitioner's remaining contentions and find them to be lacking in merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

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MATTER OF MASON v. GOORD
(Apr 13, 2000)