MATTER OF ZARVELA v. GOORD


270 A.D.2d 532 (2000)

704 N.Y.S.2d 680

In the Matter of VICTOR ZARVELA, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided March 2, 2000.


Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting violent conduct and refusing a direct order. Petitioner also pleaded guilty to possession of a controlled substance. The record reveals that two correction officers observed petitioner place an unknown object in his mouth and attempt to swallow it. Petitioner was ordered to spit out the object and, when one of the correction officers grabbed petitioner and attempted to stop him...

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