MATTER OF ROSS v. BLAINE


267 A.D.2d 538 (1999)

698 N.Y.S.2d 564

In the Matter of JOSEPH A. ROSS, Petitioner, v. MICHAEL BLAINE, as Correction officer, Clinton Correctional Facility, et al., Respondents.

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

Decided December 2, 1999.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of verbally harassing a correction officer and refusing a direct order to lock-in his cell. According to the misbehavior report, petitioner became verbally abusive after the reporting correction officer asked if he had any medical documentation to support his claim that he had to leave the exercise yard whenever it rained.* The correction officer then ordered...

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