MATTER OF FIGUEROA v. GOORD


296 A.D.2d 739 (2002)

744 N.Y.S.2d 908

In the Matter of ROBERT FIGUEROA, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided July 18, 2002.


Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from refusing to obey a direct order. According to the misbehavior report, the precipitating incident took place in the facility's law library where petitioner was observed giving legal advice to other inmates. The reporting correction officer directed petitioner to return to his seat. Shortly thereafter, however, petitioner approached the...

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