MATTER OF PULLIAM v. WAITE


8 A.D.3d 841 (2004)

778 N.Y.S.2d 323

In the Matter of DWAYNE PULLIAM, Appellant, v. J.P. WAITE, as Captain of Southport Correctional Facility, Respondent.

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

June 17, 2004.


Petitioner, an inmate, hung a sheet in front of his cell and refused a correction officer's directive to remove it. As a result, he was charged in a misbehavior report with violating the prison disciplinary rules prohibiting inmates from obstructing visibility into their cells and refusing a direct order. Following a tier II disciplinary hearing, he was found guilty of both charges and this determination was affirmed upon administrative appeal. He commenced this CPLR article...

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