MATTER OF GARDINER v. SENKOWSKI


234 A.D.2d 708 (1996)

651 N.Y.S.2d 640

In the Matter of James Gardiner, Petitioner, v. Daniel Senkowski, as Superintendent of Clinton Correctional Facility, et al., Respondents

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

December 12, 1996


Cardona, P. J.

While an inmate at Clinton Correctional Facility in Clinton County, petitioner was served with two misbehavior reports arising out of an incident in which another inmate was assaulted. In the first report, petitioner was charged with fighting and refusing a direct order. In the second, he was charged with engaging in violent conduct, assaulting another inmate, possessing a weapon and making false statements. Although petitioner was found...

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