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IN THE MATTER OF FORD v. SMITH

23 A.D.3d 874 (2005)

803 N.Y.S.2d 821

In the Matter Of COREY FORD, Petitioner, v. JOSEPH SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

November 17, 2005.

Kane, J.

As a result of two incidents during which, among other things, petitioner threw hot oil in the face of a correction officer and then stabbed him three times, petitioner was charged with violating the prison disciplinary rules that prohibit assault on staff, possession of weapons, disobeying a direct order and demonstration. After a tier III disciplinary hearing, petitioner was found guilty of all charges except demonstration. Following an unsuccessful administrative...

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