MATTER OF ROSS v. COMMISSIONER OF THE DEPARTMENT OF CORRECTIONAL SERVICES


262 A.D.2d 845 (1999)

693 N.Y.S.2d 245

In the Matter of CLARENCE S. ROSS, Petitioner, v. COMMISSIONER OF THE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided June 17, 1999.


Yesawich Jr., J.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits assaulting a staff member. Presented in evidence at petitioner's tier III disciplinary hearing was the misbehavior report, recounting that petitioner poured floor-wax remover into the iced tea of a correction officer whom petitioner allegedly resented for not giving him a promised assignment to a single-occupancy cubicle in the inmate dormitory....

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