MATTER OF HARRELL v. O'KEEFE


241 A.D.2d 616 (1997)

660 N.Y.S.2d 1009

In the Matter of Derwin Harrell, Petitioner, v. John O'Keefe, as Superintendent of Gouverneur Correctional Facility, Respondent

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

July 3, 1997


Petitioner was found guilty of violating the prison disciplinary rule prohibiting harassment. Included in the evidence presented at petitioner's disciplinary hearing was a misbehavior report relating that petitioner had interrupted a correction officer who was giving instructions on the use of the facility's law library by stating, "I am getting tired of your shit, this is our library." The misbehavior report, authored by the correction officer in question, was sufficiently...

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