MATTER OF ENCARNACION v. GOORD


19 A.D.3d 906 (2005)

797 N.Y.S.2d 178

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.

June 23, 2005.


Petitioner was charged in a misbehavior report with refusing a direct order, interference with an employee and failing to comply with search procedures after he refused multiple orders by a correction officer to leave his cell in order that it be searched. At the disciplinary hearing that ensued, petitioner refused to participate in English and was removed from the hearing due to his uncooperative nature and interruptions. The hearing was thereafter continued in petitioner...

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