MATTER OF GAROFOLO v. CUNNINGHAM


34 A.D.3d 1071 (2006)

825 N.Y.S.2d 562

In the Matter of STEVEN GAROFOLO, Petitioner, v. RAYMOND CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, et al., Respondents.

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

Decided November 22, 2006.


Petitioner worked as a facilitator for a transitional services program offered to inmates at the correctional facility where he was incarcerated. In connection with his duties, petitioner designed flip charts illustrating concepts taught in the program. He took these charts with him when he resigned from his position. As a result, petitioner was charged in a misbehavior report and found guilty of possessing stolen property following a tier II disciplinary hearing. Petitioner...

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