IN THE MATTER OF JAMES v. GOORD


28 A.D.3d 885 (2006)

812 N.Y.S.2d 713

In the Matter of HENRY J. JAMES, Appellant, 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 13, 2006.


After asking a correction officer to unlock his cell, petitioner refused the officer's directives to move away from the officers' cage and down the gallery, and used profane language. He was then escorted by the officer back to his cell and, once inside, attempted to strike the officer in the face. Petitioner was charged in a misbehavior report with refusing a direct order, assaulting staff, creating a disturbance, interfering with an employee and violating facility lock...

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