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MATTER OF BARCLAY v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

13 A.D.3d 743 (2004)

785 N.Y.S.2d 725

In the Matter of PATRICK BARCLAY, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

December 9, 2004.

Crew III, J.

Petitioner was charged in two separate misbehavior reports with violating various prison disciplinary rules. The first, dated November 20, 2002, charged petitioner with disturbing the order of the facility, refusing a direct order, verbally interfering with and harassing correction officers and violating facility movement regulations. The charges stemmed from an incident wherein petitioner attempted to leave his cell with certain materials that he was...

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