MATTER OF HARVEY v. R.K. WOODS


53 A.D.3d 944 (2008)

861 N.Y.S.2d 527

In the Matter of MIGUEL HARVEY, Petitioner, v. R.K. WOODS, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

Decided July 24, 2008.


Petitioner, a prison inmate, was charged in two misbehavior reports with refusing a search, disobeying a direct order (two counts), violating movement regulations and committing an unhygienic act. The first report arose out of petitioner's refusal to lift his feet to be scanned by a metal detector. The second report stemmed from petitioner's refusal to return his restraints, which he had adjusted, to the proper position, as well as his spitting on the wall and floor. Following...

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