MATTER OF TENACE v. LOMBARD


47 A.D.3d 1174 (2008)

849 N.Y.S.2d 735

In the Matter of DAVID M. TENACE, Petitioner, v. GREGORY LOMBARD, as Correction Officer at Clinton Correctional Facility, et al., Respondents.

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

Decided January 31, 2008.


After receiving a letter from the Clinton County Clerk, petitioner was directed by a correction officer to turn the letter over to him. Petitioner did so but then snatched the letter back from the correction officer, ripped it into pieces and tried to swallow it. He then refused orders to spit out the letter, but eventually did so to avoid choking. As a result, petitioner was charged in a misbehavior report with interfering with an employee, refusing a direct order and possessing...

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