MATTER OF WASHINGTON v. NAPOLI

507292.

73 A.D.3d 1300 (2010)

899 N.Y.S.2d 909

In the Matter of ANTHONY WASHINGTON, Appellant, v. DAVID NAPOLI, as Superintendent of Southport Correctional Facility, Respondent.

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

Decided May 13, 2010.


Petitioner, an inmate, was charged in two misbehavior reports with various prison disciplinary rule violations. The first report arose out of an incident where petitioner refused to clean a cell as directed and verbally abused a correction officer. Following a tier II disciplinary hearing, petitioner was found guilty of refusing a direct order and harassment. The second misbehavior report was issued after petitioner remained asleep in his cell during an inmate count, notwithstanding...

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