MATTER OF RATLIFF v. GOORD


13 A.D.3d 772 (2004)

785 N.Y.S.2d 614

In the Matter of DAVID RATLIFF, 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.

December 9, 2004.


Petitioner was observed throwing punches at an unidentified correctional employee during a melee involving numerous inmates and staff in the main yard at the correctional facility where he was incarcerated. He also ignored several direct orders to stop this activity and did not do so until two warning shots were fired. As a result, he was charged in a misbehavior report with assault, refusing a direct order and engaging in violent conduct. He was found guilty of these charges...

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