IN THE MATTER OF MARTINEZ v. GOORD


17 A.D.3d 804 (2005)

792 N.Y.S.2d 732

In the Matter of JOSE MARTINEZ, Petitioner, 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.

April 14, 2005.


While performing his duties as tier officer, correction officer D. Girome served petitioner with a misbehavior report charging him with violating various prison disciplinary rules. Petitioner responded, in English, that he needed the misbehavior report written in Spanish and an interpreter at the hearing. When Girome checked with the guidance office and learned that petitioner was sufficiently proficient in English, he issued petitioner another misbehavior report charging...

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