IN THE MATTER OF ENCARNACION v. GOORD


20 A.D.3d 787 (2005)

798 N.Y.S.2d 588

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.

July 21, 2005.


Petitioner was charged in a misbehavior report with refusing a direct order after he would not come out of his cell to attend a medical appointment. At the ensuing tier II disciplinary hearing, the Hearing Officer refused his request for a Spanish-speaking interpreter. When petitioner became uncooperative and refused to speak in English, he was removed from the hearing. The Hearing Officer proceeded with the hearing in petitioner...

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