IN THE MATTER OF GONCALVES v. DONNELLY


9 A.D.3d 721 (2004)

779 N.Y.S.2d 842

In the Matter of JOSEPH S. GONCALVES JR., Petitioner, v. EDWARD R. DONNELLY, as Superintendent of Wende Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 19, 2004.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting the making of threats, interference with an employee, engaging in violent conduct, and disturbing the order of the facility. According to the misbehavior report, petitioner became upset after a correction officer could not stay when petitioner said that he was not finished with her, and he began screaming racial epithets, threats and profanity to her as she left his cell.

Substantial...

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