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MATTER OF CRUZ v. GOORD

273 A.D.2d 569 (2000)

709 N.Y.S.2d 682

In the Matter of GILBERTO CRUZ, 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 June 15, 2000.

Following a tier III hearing, petitioner was found guilty of creating a disturbance and making threats. The record reveals that petitioner, believing he was being ignored, shouted and kicked his cell door to gain attention. When this did not result in petitioner being moved to another cell, petitioner verbally threatened his cellmate with physical harm. In our view, the witnesses accounts of this conduct as well as petitioner's...

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