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IN THE MATTER OF PEREZ v. GOORD

6 A.D.3d 774 (2004)

773 N.Y.S.2d 625

In the Matter of RAFAEL PEREZ, 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.

April 1, 2004.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of assault on staff, violent conduct, interference with staff and disobeying a direct order. According to the misbehavior report, while being escorted to the infirmary for medication, petitioner turned on the escorting correction officer and repeatedly punched him in the chest. In order to regain control, the correction officer "rushed" petitioner into the wall, causing the...

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