MATTER OF McCANTS v. MURPHY


301 A.D.2d 713 (2003)

753 N.Y.S.2d 559

In the Matter of ANDRE T. McCANTS, Petitioner, v. ROBERT J. MURPHY, as Acting Director of Special Housing/ Disciplinary Programs, Respondent.

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

Decided January 2, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct, assault on a staff member, creating a disturbance, refusing to comply with frisk procedures, refusing to obey a direct order, verbal harassment and being out of place. The first of two misbehavior reports filed against petitioner charged that he had refused an order to report for his dormitory work detail. When petitioner failed to report as directed, a correction officer located...

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