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IN THE MATTER OF BROWN v. GOORD

24 A.D.3d 840 (2005)

805 N.Y.S.2d 442

In the Matter of FRANK BROWN, 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 1, 2005.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules which prohibit harassment and making threats. The misbehavior report relates that in response to a correction officer informing petitioner that his cell shield was coming down, petitioner threw a cup filled with liquid at the correction officer and then threatened him. The misbehavior report, authored by the correction officer involved...

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