On September 13, 1988 petitioner, an inmate at Elmira Correctional Facility in Chemung County, was involved in an incident in which he allegedly became unruly as a result of being served cold food in the mess hall. A misbehavior report was prepared by Correction Officer Fred Miller, Jr. and endorsed by another correction officer charging petitioner with refusing to obey a direct order, making threats and engaging in conduct involving the threat...
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