Encarnacion v. Goord

Appeal from a judgment of the Supreme Court (Monserrate, J.), entered July 10, 2003 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Superintendent of Southport Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

While making his rounds, a correction officer observed two books, which he believed belonged to the prison law library, in petitioner’s cell. He twice directed petitioner to turn them over to him and petitioner refused. The incident interfered…