MATTER OF MARTIN v. GOORD


36 A.D.3d 977 (2007)

825 N.Y.S.2d 842

In the Matter of VINCENT MARTIN, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 4, 2007.


Following a basketball game in the prison gymnasium, petitioner began to proceed to the hallway but was directed by a correction officer to go to the bleachers. Disgruntled, petitioner became verbally abusive toward the officer in the presence of numerous other inmates. As a result, he was charged in a misbehavior report with creating a disturbance, interfering with an employee and refusing a direct order. Following a tier II disciplinary hearing, petitioner was found guilty...

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