MATTER OF DURAN v. SENKOWSKI


289 A.D.2d 906 (2001)

735 N.Y.S.2d 636

In the Matter of JOAQUIN DURAN, Petitioner, v. DANIEL A. SENKOWSKI, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided December 27, 2001.


Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance, making false statements and refusing to obey a direct order. As set forth in the misbehavior report, petitioner had given a correction officer a note stating that the officer had taken his identification card two days earlier and had neglected to return it. Later that evening, petitioner was ready to go to the gym when the correction officer informed him that he could...

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