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MATTER OF MONTGOMERY v. GOORD

297 A.D.2d 870 (2002)

746 N.Y.S.2d 922

In the Matter of ARTHUR R. MONTGOMERY, 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 September 19, 2002.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct, assault on an inmate and possession of a weapon.* The misbehavior report relates that petitioner was observed making slashing motions in the direction of another inmate who appeared to be trying to elude him. When petitioner ignored orders to desist, he was forcibly subdued and manacled. A homemade weapon, in the form of a five-inch-long piece of...

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