MATTER OF MILLER v. COSTELLO


304 A.D.2d 916 (2003)

756 N.Y.S.2d 911

In the Matter of JERALD MILLER, Petitioner, v. JOSEPH COSTELLO, as Superintendent of Midstate Correctional Facility, et al., Respondents.

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

Decided April 10, 2003.


Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance, unauthorized exchange and refusing a direct order. According to the misbehavior report and testimony from the correction officer who authored it, petitioner was involved in an incident in the mess hall where he refused the correction officer's orders not to yell and later took food from another inmate's tray without authorization. Petitioner challenges the determination...

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