Booker v. Goord

—Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Following a Tier III hearing, petitioner was found guilty of violating inmate rules 104.10 (7 NYCRR 270.2 [B] [5] [i] [rioting]), 104.13 (7 NYCRR 270.2 [B] [5] [iv] [creating a disturbance]), and 124.16 (7 NYCRR 270.2 [B] [25] [vii] [failing to comply with mess hall serving and seating policies]). The determination finding petitioner guilty of creating a disturbance is supported by substantial evidence,…