MATTER OF BERRIAN v. GOORD


288 A.D.2d 670 (2001)

732 N.Y.S.2d 700

In the Matter of LENARD BERRIAN, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided November 15, 2001.


Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rules prohibiting inmates from creating a disturbance, lying and refusing a direct order. The misbehavior report relates that on February 28, 2000, petitioner was returning to his correctional facility from a court appearance. After walking up the front stairs of the building without incident, petitioner, who was shackled in both handcuffs and leg irons...

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