IN THE MATTER OF MARTINEZ v. GOORD


9 A.D.3d 716 (2004)

779 N.Y.S.2d 824

In the Matter of JESUS MARTINEZ, 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.

July 19, 2004.


After observing that feces had been thrown into an inmate's cell and caused damage to a mattress during a time period when only petitioner was in the position from which the feces apparently were thrown, a correction officer charged petitioner in a misbehavior report with committing an unhygienic act and damaging state property. Petitioner was found guilty of these charges following a tier III disciplinary hearing. The determination was upheld on administrative appeal, resulting...

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