MATTER OF WINBUSH v. RICKS


306 A.D.2d 601 (2003)

759 N.Y.S.2d 709

In the Matter of SAMUEL WINBUSH, Petitioner, v. THOMAS RICKS, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

Decided June 5, 2003.


Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct and creating a disturbance. As related in the misbehavior report, the reporting officer was making his rounds when petitioner and his bunkmate informed him that they needed to be transferred to different cells because they were not getting along. They then began a wrestling match which persisted until additional officers succeeded in...

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