MATTER OF HARRIS v. SMITH

513100.

95 A.D.3d 1527 (2012)

943 N.Y.S.2d 918

2012 NY Slip Op 3911

In the Matter of DUPREE HARRIS, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided May 17, 2012.


A correction officer heard a commotion from behind him while a group of inmates were returning to their cells. When he turned around, he observed petitioner and another inmate in close contact exchanging words and clenching their fists. He noticed that the other inmate had a torn shirt with blood on it and his hand was bleeding. As a result, petitioner was charged in a misbehavior report with engaging in violent conduct, and he was found guilty of the charge following a tier...

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