IN THE MATTER OF RANDOLPH v. NAPOLI


56 A.D.3d 832 (2008)

866 N.Y.S.2d 460

In the Matter of LEONARD RANDOLPH, Petitioner, v. DAVID NAPOLI, as Superintendent of Southport Correctional Facility, et al., Respondents.

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

November 6, 2008.


Petitioner, a prison inmate housed at Southport Correctional Facility in Chemung County, was charged in a misbehavior report with making threats and violent conduct after allegedly advising a deputy superintendent that if any correction officers touched him he would create "the biggest breach of security Southport has ever seen." Following a tier III hearing, during which petitioner was expelled for disruptive behavior, petitioner was found guilty of both charges. Upon administrative...

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