MATTER OF ANDERSON v. RICKS


307 A.D.2d 569 (2003)

762 N.Y.S.2d 303

In the Matter of JOSEPH ANDERSON, Petitioner, v. THOMAS RICKS, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided July 17, 2003.


Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting harassing an employee and damaging state property. According to the misbehavior report, about one week after receiving a new mattress, petitioner complained that it was ripped. When the reporting correction officer ordered petitioner to sign a disbursement form so he could be charged for a replacement mattress, petitioner responded, "Fuck-you, bitch...

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