IN THE MATTER OF RYMPALSKI v. GOORD


19 A.D.3d 960 (2005)

797 N.Y.S.2d 644

In the Matter of DARREN RYMPALSKI, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 30, 2005.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits selling a controlled substance. According to the misbehavior report, a confidential informant admitted to purchasing heroin from petitioner and also identified petitioner from a photo array. Contrary to petitioner's contention, the determination is supported by substantial evidence consisting of the misbehavior report...

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