MATTER OF JOHNSON v. GOORD


42 A.D.3d 626 (2007)

838 N.Y.S.2d 275

In the Matter of KEVIN JOHNSON, 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.

Decided July 5, 2007.


Petitioner became agitated after a correction officer informed him that he was getting a roommate. He then refused the officer's directives, used profanity toward the officer and threatened to kill the officer when he was released from prison. As a result, the officer prepared a misbehavior report charging him with violating inmate movement regulations, refusing double-bunking, refusing a direct order and making threats. At the conclusion of a tier III disciplinary hearing...

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