IN THE MATTER OF GRAHAM v. McKINNEY


24 A.D.3d 1151 (2005)

807 N.Y.S.2d 178

In the Matter of FRANK GRAHAM, Petitioner, v. HAROLD McKINNEY, as Superintendent of Mt. McGregor Correctional Facility, Respondent.

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

December 29, 2005.


On September 30, 2004, petitioner became loud and used profane language toward a correction officer after the officer instructed him to wear proper attire while lying on his bed and to remove a robe covering his head. As a result, petitioner was charged in a misbehavior report with harassment, disturbing the order of the facility and failing to maintain orderly living quarters. Shortly thereafter, he became embroiled in an argument with the same correction officer, again...

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