MATTER OF REED v. ARTUS


39 A.D.3d 1056 (2007)

835 N.Y.S.2d 472

In the Matter of ROBERT I. REED, Appellant, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided April 19, 2007.


Following a disturbance involving other inmates in the mess hall, a correction officer ordered petitioner to stop talking and to face the wall. He refused and used profane language toward the officer. As a result, he was charged in a misbehavior report with refusing a direct order, creating a disturbance, engaging in verbal harassment and interfering with an employee. He was found guilty of the charges following a tier II disciplinary...

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