MATTER OF FOOT v. GOORD


245 A.D.2d 903 (1997)

666 N.Y.S.2d 53

In the Matter of Daniel Foot, Petitioner, v. Glenn S. Goord, as Commissioner of The Department of Correctional Services, Respondent

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

December 24, 1997


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and engaging in conduct which creates a disturbance or involves the threat of violence. The misbehavior report relates that following a level II incident on petitioner's cell block, petitioner refused to obey a correction officer's order to leave his cell and yelled obscenities at the officer. This report, corroborated by the testimony...

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