MATTER OF AFRIKA v. EDWARDS


160 A.D.2d 1212 (1990)

In the Matter of Nache Afrika, Appellant, v. Ernest Edwards, as First Deputy Superintendent of Sullivan Correctional Facility, et al., Respondents

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

April 26, 1990


Yesawich, Jr., J.

Petitioner, an inmate of the Department of Correctional Services, was charged in two separate misbehavior reports with making an obscene gesture, using abusive language and making threats. At the Tier II disciplinary hearing which followed, petitioner pleaded not guilty to all charges. Two correction officers testified that they heard petitioner make the statements recited in the misbehavior report and the prison nurse described the...

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