MATTER OF THOMAS v. GOORD


293 A.D.2d 799 (2002)

739 N.Y.S.2d 501

In the Matter of BERNARD THOMAS, 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 April 4, 2002.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct, assault on a staff member, interference with a staff member and refusing to obey a direct order. The correction officer who authored the misbehavior report testified that prior to conducting a routine search of petitioner's cell, he ordered petitioner to put his hands through the feed-out hatch of his cell so that he could be handcuffed. Petitioner refused three direct orders...

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