IN THE MATTER OF WOOLEY v. MILLER


13 A.D.3d 681 (2004)

786 N.Y.S.2d 591

In the Matter of ROBERT WOOLEY, Appellant, v. DAVID L. MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

December 2, 2004.


According to a misbehavior report, petitioner barged into the correction officers' station in an agitated manner, pointing at the inmate cell block board, complaining that a fellow inmate needed medical assistance. Although petitioner obeyed an order to leave the office, he continued to be agitated and complained about a fellow inmate's need for medical help. Thereafter, petitioner was charged in a misbehavior report with being out of place. Following a tier II disciplinary...

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