MATTER OF DE LA ROSA v. PORTUONDO


247 A.D.2d 810 (1998)

669 N.Y.S.2d 403

In the Matter of Jose De La Rosa, Petitioner, v. Leonard Portuondo, as Superintendent of Shawangunk Correctional Facility, et al., Respondents

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

February 26, 1998


Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from disturbing the order of the facility. Evidence presented at the disciplinary hearing included the misbehavior report written by a correction officer who had observed petitioner, along with several other inmates, crowding around and verbally harassing a female correction officer who was new to the facility. When the inmates refused to desist, additional correction...

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