Gimenez v. Artus
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner interrupted a discussion between two correction officers and then refused directives by one of the officers to be quiet and sit down. As a result, he was charged in a misbehavior report with verbal harassment, making threats and refusing a direct order. Following a tier II disciplinary hearing, petitioner *1462was found guilty of refusing a direct order and…
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