MATTER OF ENCARNACION v. GOORD


8 A.D.3d 843 (2004)

778 N.Y.S.2d 552

In the Matter of BERNABE ENCARNACION, Appellant, 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.

June 17, 2004.


While making his rounds, a correction officer observed two books, which he believed belonged to the prison law library, in petitioner's cell. He twice directed petitioner to turn them over to him and petitioner refused. The incident interfered with the officer's scheduled duties. As a result, petitioner was charged in a misbehavior report with refusing a direct order, interfering with an employee, making a false statement, damaging...

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