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MATTER OF KALWASINSKI v. GOORD

31 A.D.3d 1081 (2006)

819 N.Y.S.2d 200

In the Matter of MITCHELL KALWASINSKI, 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.

July 27, 2006.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit engaging in an unhygienic act and interfering with an employee. According to the misbehavior report, petitioner was observed in his cell holding a cup containing feces and the interior of his cell had been splattered with fecal matter. As a result, the exercise program was delayed a half hour in order for petitioner's cell...

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