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MATTER OF CLARK v. GOORD

32 A.D.3d 1142 (2006)

821 N.Y.S.2d 493

In the Matter of FREDERICK CLARK, 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.

September 28, 2006.

Lahtinen, J.

Petitioner was charged in a misbehavior report with violating count procedures, refusing a direct order, harassment and lying. The charges arose after petitioner failed to get up from his bed for a count as directed by a correction officer and then gave an insolent response. Following a tier II disciplinary hearing, petitioner was found guilty of all charges except lying. After exhausting his administrative remedies, petitioner commenced this CPLR article...

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