MATTER OF PRIDE v. CUNNINGHAM


308 A.D.2d 649 (2003)

764 N.Y.S.2d 371

In the Matter of WILLIAM PRIDE, Petitioner, v. RAYMOND J. CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided September 18, 2003.


Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and harassing a staff member. Included in the evidence presented at the disciplinary hearing were the misbehavior report and the testimony of the reporting correction officer who stated that when he ordered petitioner to report to his regular work assignment, petitioner refused to go and then cursed at him...

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