MATTER OF MACK v. GOORD


49 A.D.3d 1045 (2008)

853 N.Y.S.2d 704

In the Matter of ANTHONY MACK, Appellant, 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 March 20, 2008.


Petitioner, a prison inmate, was charged in a misbehavior report with assaulting staff, engaging in violent conduct, disobeying a direct order and being out of place. The charges stemmed from an incident wherein petitioner, who was noted to be out of place, refused a correction officer's order to stop and, ultimately, struck the correction officer on the face with a closed fist. Following a tier III disciplinary hearing, petitioner was found guilty as charged and a penalty...

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