MATTER OF MOORE v. WALSH


301 A.D.2d 894 (2003)

755 N.Y.S.2d 447

In the Matter of STANLEY MOORE, Petitioner, v. JAMES WALSH, as Superintendent of Ulster Correctional Facility, Respondent.

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

Decided January 23, 2003.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from making threats against staff members. According to the misbehavior report, petitioner, a vegetarian, caused a delay in the mess hall line for the second day in a row by demanding a meatless meal. When the reporting correction officer approached petitioner and reminded him that he had been warned to refrain from this conduct, petitioner responded, "Let's you and me go outside right...

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