MATTER OF BERRY v. GOORD


42 A.D.3d 614 (2007)

837 N.Y.S.2d 880

In the Matter of JOSEPH BERRY, 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.

Decided July 5, 2007.


Petitioner became disruptive in his cell on December 30, 2005 and was charged in one misbehavior report with creating a disturbance and harassment, and in a second with assaulting staff, engaging in violent conduct, refusing a direct order and interfering with an employee. Following a tier III disciplinary hearing covering both misbehavior reports, he was found guilty of all charges. After the determination was affirmed on administrative appeal, petitioner commenced this...

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