IN THE MATTER OF DOUGLAS v. GOORD


24 A.D.3d 922 (2005)

806 N.Y.S.2d 270

In the Matter of ELLIS DOUGLAS, 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 8, 2005.


As the result of an incident in which petitioner refused a correction officer's directive to return an item to his cell, he was charged in a misbehavior report with refusing a direct order and possessing authorized articles in an unauthorized area. Immediately following this incident, while petitioner was being escorted back to his cell, he became involved in a physical altercation with a correction officer, necessitating the intervention

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