MATTER OF MAYBANKS v. Goord
| Decision Date | 13 June 2003 |
| Citation | 761 N.Y.S.2d 566,306 A.D.2d 839 |
| Parties | In the Matter of TERRENCE MAYBANKS, Petitioner,<BR>v.<BR>GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent. |
| Court | New York Supreme Court — Appellate Division |
306 A.D.2d 839
761 N.Y.S.2d 566
In the Matter of TERRENCE MAYBANKS, Petitioner,
v.
GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.
Decided June 13, 2003.
Present — Green, J.P., Wisner, Scudder, Kehoe and Burns, JJ.
It is hereby ordered that the determination be and the same hereby is unanimously modified on the law by granting the petition in part and annulling that part of the determination finding that petitioner violated inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii]) and as modified the determination is confirmed without costs, and respondent is directed to expunge from petitioner's institutional record all references thereto.
MemorandumPetitioner contends, and respondent correctly concedes, that the determination that he violated inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii]), prohibiting unauthorized organizational activities, is not supported by substantial evidence. We conclude, however, that there is substantial evidence to support the determination that petitioner violated inmate rule 104.11 (7 NYCRR 270.2 [B] [5] [ii]), prohibiting violent conduct or conduct involving the threat of violence. The misbehavior report, together with a videotape of an incident showing that petitioner refused to comply with orders, yelled obscenities and threats at the staff and others, and pounded his fist against the plexiglass window of a holding room at the entrance to the Special Housing Unit, constitutes substantial evidence supporting the...
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