Legal Opinion

Gloster v. Goord

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 2000PublishedCited by 8 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit fighting, violent conduct and disobeying a direct order. Petitioner offered unrefuted testimony that he was not the aggressor of the fight but was attacked by an inmate with a metal shank. Nevertheless,…

2Cases cited4 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Foster v. CoughlinNew York Court of Appeals · 1990
  3. Baez v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  4. Anderson v. GoordAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by8 opinions

  1. Matter of Santos v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
  2. Wilson v. DubrayAppellate Division of the Supreme Court of the State of New York · 2008
  3. Avincola v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  4. Mills v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Bonacci v. GoordAppellate Division of the Supreme Court of the State of New York · 2004

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