MATTER OF AUSTIN v. GOORD


295 A.D.2d 662 (2002)

742 N.Y.S.2d 922

In the Matter of PATRICK AUSTIN, 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 June 6, 2002.


Petitioner was found guilty of violating the prison disciplinary rules that prohibit refusing to obey a direct order and creating a disturbance. The incident that led to these charges took place in the facility's mattress shop where petitioner was assigned to work. Petitioner was conversing with other inmates when the reporting correction officer asked him to take out the trash. Petitioner refused and he informed the officer in a raised voice that he was "busy" and that trash...

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