MATTER OF CONNELL v. GOORD


298 A.D.2d 748 (2002)

749 N.Y.S.2d 105

In the Matter of DUVAL CONNELL, 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.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting fighting, violent conduct, assault on an inmate, use of a weapon and refusing to obey a direct order. As related in the misbehavior report and the testimony of the reporting correction officer, he observed petitioner in the prison yard engaged in a fight with another inmate whom petitioner appeared to be slashing. Although the tower officer ordered the inmates to desist, they failed to comply...

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