MATTER OF GONCALVES v. BERBARY


14 A.D.3d 743 (2005)

786 N.Y.S.2d 841

In the Matter of JOSEPH S. GONCALVES, JR., Petitioner, v. JAMES C. BERBARY, as Superintendent of Collins Correctional Facility, et al., Respondents.

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

January 6, 2005.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, harassment and making threats. The misbehavior report relates that when petitioner's request for additional toilet paper was denied by a correction officer who was passing out supplies, petitioner threatened the correction officer and a bar of soap was thrown from the cell, hitting the correction officer in the leg. In addition to the misbehavior...

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