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MATTER OF HAMILTON v. BEZIO

508128

76 A.D.3d 1125 (2010)

908 N.Y.S.2d 141

In the Matter of DERRICK HAMILTON, Petitioner, v. NORMAN R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided September 23, 2010.

Petitioner, a prison inmate, was leaving the mess hall with a box containing several slices of pizza when he was directed by a correction officer to return the pizza. After petitioner loudly refused, and dinner was delayed while additional pizza was procured for the other inmates, he was served with a misbehavior report charging him with refusing a direct order, violating mess hall serving policies, disturbing facility order and...

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