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IN THE MATTER OF WIGFALL v. GOORD

503124.

2008 NY Slip Op 06400

IN THE MATTER OF JOSEPH WIGFALL, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided and Entered: July 24, 2008.

Attorney(s) appearing for the Case

Joseph Wigfall, West Coxsackie, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Mercure, J.P., Carpinello, Kane, Kavanagh and Stein, JJ.

MEMORANDUM AND JUDGMENT

Following a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order, making threats, harassing facility staff and creating a disturbance. Upon administrative appeal, that determination was affirmed with a modified penalty of 90 days in the special housing unit and a corresponding loss of privileges, along with 60 days of recommended loss of good time. This CPLR article 78 proceeding seeking annulment ensued....

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