MATTER OF JOHNSON v. SABOURIN


290 A.D.2d 799 (2002)

736 N.Y.S.2d 498

In the Matter of DELROY JOHNSON, Petitioner, v. JOHN H. SABOURIN, as Superintendent of Bare Hill Correctional Facility, Respondent.

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

Decided January 17, 2002.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting unauthorized assembly. As set forth in the misbehavior report, the reporting correction officer observed petitioner with eight other inmates who had gathered in a group in the prison yard annex. Despite numerous orders to disperse issued by correction officers using the public address system, the inmates failed to comply. The misbehavior report, authored by a correction officer who witnessed...

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