MATTER OF BERNIER v. GOORD


269 A.D.2d 640 (2000)

704 N.Y.S.2d 169

In the Matter of MANFRED BERNIER, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided February 3, 2000.


Petitioner, a prison inmate, challenges the determination finding him guilty of violent conduct, assault on a staff member, refusing a direct order and damage to personal property. The charges stemmed from petitioner's conduct at a prior disciplinary hearing at which petitioner refused to leave and, thereafter, struck the Hearing Officer in the face, breaking his glasses. The testimony offered by the Hearing Officer whom petitioner struck and the correction officer who witnessed...

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