Legal Opinion

Goldberg v. Goord

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

Decided October 17, 2005Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated March 31, 2003, which, after a hearing, found the petitioner guilty of violating a prison rule by failing to produce a urine sample as ordered, and imposed a sanction.

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

Contrary to the petitioner’s contention, the determination finding him guilty of violating a prison rule by failing to produce a urine sample as ordered is supported by substantial evidence in the record (see Matter of…

2Cases cited5 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Bryant v. CoughlinNew York Court of Appeals · 1991
  3. MATTER OF HUGHES v. Suffolk County Dep't of Civil Serv.New York Court of Appeals · 1989
  4. Wood v. CosgroveAppellate Division of the Supreme Court of the State of New York · 1997
  5. Muniz v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003

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