IN THE MATTER OF HARVEY v. R.K. WOODS

503143.

2008 NY Slip Op 06401

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 New York, Third Department.

Decided and Entered: July 24, 2008.


Attorney(s) appearing for the Case

Miguel Harvey, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

Before: Cardona, P.J., Peters, Rose, Malone Jr. and Stein, JJ.


MEMORANDUM AND JUDGMENT

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...

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