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MATTER OF JOHNSON v. RICKS

297 A.D.2d 889 (2002)

747 N.Y.S.2d 402

In the Matter of DERRICK M. JOHNSON, Petitioner, v. THOMAS RICKS, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

Decided September 26, 2002.

Rose, J.

Petitioner was charged in a misbehavior report with refusing a direct order, interference with an employee and harassment as a result of a May 26, 2001 incident. According to evidence adduced at the tier II disciplinary hearing, petitioner interfered with a correction officer's counseling of another inmate and then harassed the correction officer when ordered to leave. Petitioner was found guilty of refusing a direct order and harassment,

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