MATTER OF ABREU v. BEZIO

508648.

78 A.D.3d 1341 (2010)

911 N.Y.S.2d 240

In the Matter of CARLOS ABREU, 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 November 10, 2010.


Two female nurses visited petitioner at his cell to investigate a grievance that he had filed against another nurse. During this visit, petitioner exposed his genitals and, according to the nurses, started to masturbate. He then ignored a directive by one of the nurses to stop this behavior. As a result, petitioner was charged in a misbehavior report with lewd exposure and refusing a direct order. Following a tier III disciplinary hearing, he was found guilty of the charges...

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