IN THE MATTER OF FERNANDEZ v. GOORD


27 A.D.3d 806 (2006)

809 N.Y.S.2d 685

In the Matter of FRANCISCO FERNANDEZ, 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.

March 2, 2006.


Acting upon information that a weapon might be in the cell that petitioner occupied with another inmate, correction officers searched it and recovered a sharpened plastic object concealed in petitioner's mattress. As petitioner exited the cell, he attempted to strike one of the officers with a clenched fist. As a result, petitioner was charged in a misbehavior report with assault and possessing a weapon. He was found guilty of both charges following a tier III disciplinary...

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