MATTER OF McIVER v. GOORD


37 A.D.3d 943 (2007)

830 N.Y.S.2d 368

In the Matter of DEREK McIVER, 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 February 8, 2007.


Spain, J.

Petitioner, an inmate at Woodbourne Correctional Facility in Sullivan County, was working at the blackboard at the front of the classroom during his alcohol and substance abuse treatment (ASAT) class when construction work in progress on the floor above caused water—and possibly some debris—to fall down upon petitioner from the ceiling. At that point, petitioner's ASAT instructor, a correction officer, ordered his class to leave the room, but...

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