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IN THE MATTER OF POLANCO v. BENNETT JR.

6 A.D.3d 846 (2004)

773 N.Y.S.2d 911

In the Matter of WILFREDO POLANCO, Petitioner, v. FLOYD G. BENNETT JR., as Superintendent of Elmira Correctional Facility, et al., Respondents.

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

April 8, 2004.

Petitioner was served with a misbehavior report indicating that he came out of his cell with clenched fists yelling at the facility nurse that he had not received his medication the night before. Petitioner ignored the nurse's orders to stop yelling and continued to demand that she give him his medication. Following a disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules that prohibit violent conduct and disobeying a direct order. This...

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