MATTER OF GILLARD v. DONOHUE


48 A.D.3d 845 (2008)

850 N.Y.S.2d 706

In the Matter of GARY GILLARD, Petitioner, v. RICHARD A. DONOHUE, as Hearing Officer, et al., Respondents.

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

Decided February 7, 2008.


After petitioner wrote two letters to the facility medical department which, among other things, advised that he was on a hunger strike, a search of his cell revealed that numerous candy bars and bags of hard candy that he had purchased from the commissary were missing. As a result, he was charged in a misbehavior report with interference with an employee, unauthorized exchange and lying. A tier II disciplinary hearing ensued, at the conclusion of which petitioner was found...

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