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MATTER OF DABNEY v. MURPHY

278 A.D.2d 714 (2000)

717 N.Y.S.2d 759

In the Matter of BARTRAM Y. DABNEY, Petitioner, v. ROBERT MURPHY, as Director of Special Housing Unit, Respondent.

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

Decided December 21, 2000.

Mugglin, J.

Petitioner was charged with littering, interfering with an employee, refusing a direct order and making threats. According to the correction officer who was collecting the breakfast garbage, petitioner responded to a direct order to surrender his garbage by cursing and spilling a cup of milk on the floor. Petitioner was found guilty of all charges following a disciplinary hearing and thereafter commenced this...

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