MATTER OF CURETON v. KEANE


264 A.D.2d 875 (1999)

695 N.Y.S.2d 620

In the Matter of MELVIN CURETON, Petitioner, v. JOHN P. KEANE, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided September 9, 1999.


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules prohibiting inmates from demonstrating and creating a disturbance based upon evidence that, after loudly questioning a correction officer about the existence of an announced rule, he returned to the inmates and stated in a very loud voice that "if it is not in the rule book we don't have to do it". Based upon our examination of the record, we find that the misbehavior report and the testimony...

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