MATTER OF TORRES v. GOORD


275 A.D.2d 840 (2000)

713 N.Y.S.2d 509

In the Matter of DAVID TORRES, 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.

Decided September 21, 2000.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from assaulting staff, disobeying a direct order and refusing a search and frisk. The misbehavior report, written by the correction officer who was the victim of the assault, relates that petitioner became agitated during a frisk and while patting petitioner's right arm, he hit the correction officer in the face with his elbow. The detailed misbehavior...

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