IN THE MATTER OF LARKINS v. GOORD


27 A.D.3d 810 (2006)

811 N.Y.S.2d 164

In the Matter of DAVID F. LARKINS, 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.


While petitioner was being removed from his cell to attend recreation, he attempted to kick a correction officer and struggled with the officer until a waist chain and leg irons were finally applied. Thereafter, petitioner was charged in a misbehavior report with attempting to assault staff, refusing a direct order, engaging in violent conduct and interfering with an employee. He was found guilty of these charges following a tier III disciplinary hearing and the determination...

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