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MATTER OF FAISON v. SENKOWSKI

254 A.D.2d 556 (1998)

679 N.Y.S.2d 720

In the Matter of Donald Faison, Appellant, v. Daniel A. Senkowski, as Superintendent of Clinton Correctional Facility, et al., Respondents

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

October 15, 1998

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using abusive language toward facility employees after he told a correction officer to "shut up". We reject petitioner's sole contention that his disciplinary hearing was not timely completed within 14 days of the writing of the misbehavior report. The 14-day period set forth in 7 NYCRR 251-5.1 (b) is calculated by excluding the day...

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