MATTER OF YOUNG v. BENNETT


1 A.D.3d 846 (2003)

767 N.Y.S.2d 287

In the Matter of RUSHAWN YOUNG, Petitioner, v. FLOYD BENNETT, as Superintendent of Elmira Correctional Facility, et al., Respondents.

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

November 26, 2003.


Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from interfering with an employee, harassment, refusing a direct order and refusing to submit to a frisk. As related in the misbehavior report, petitioner was leaving the facility's recreation yard when a correction officer gave him a direct order to proceed to the frisk area. Petitioner responded by addressing an obscene remark to the officer...

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