MATTER OF ANTONUCCI v. DAVID


306 A.D.2d 654 (2003)

759 N.Y.S.2d 907

In the Matter of VINCENT ANTONUCCI, Appellant, v. JOSEPH DAVID, as Superintendent of Green Correctional Facility, Respondent.

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

Decided June 12, 2003.


Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules which prohibit creating a disturbance, refusing to obey a direct order and violating mess hall procedures. Testimony presented at the disciplinary hearing disclosed that petitioner is on a prescribed diet which restricts the type of food he is served in the mess hall. On the date in question, petitioner attempted to diverge from his diet by helping himself to a...

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