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MATTER OF JOHNSON v. GOORD

298 A.D.2d 737 (2002)

748 N.Y.S.2d 527

In the Matter of MICHAEL JOHNSON, Petitioner, 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 October 24, 2002.

Cardona, P.J.

After a tier III disciplinary hearing, petitioner was found guilty of interference, violent conduct, smuggling, possession of a weapon, assault, refusing direct orders and violation of frisk procedure. The charges stemmed from an incident whereby petitioner, after being ordered to step out of line and put his hands against the wall to be frisked, instead moved toward a correction officer in a threatening manner...

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