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IN THE MATTER OF ENCARNACION v. GOORD

28 A.D.3d 848 (2006)

811 N.Y.S.2d 809

In the Matter of BERNABE ENCARNACION, 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.

April 6, 2006.

After receiving medication, petitioner failed to comply with the nurse's direct order to lift his tongue as part of an oral mouth check to confirm that the medication was swallowed. As a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits disobeying a direct order. At the ensuing disciplinary hearing, petitioner refused to participate in the hearing in English, despite correction facility documentation that he...

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