MATTER OF BARCLAY v. ZOLKOSKY

509012.

78 A.D.3d 1343 (2010)

912 N.Y.S.2d 447

In the Matter of H. PATRICK BARCLAY, Petitioner, v. B. ZOLKOSKY et al., Respondents.

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

Decided November 10, 2010.


Petitioner, a prison inmate, became incensed that an inmate employee in the mess hall was touching food without wearing gloves and berated him with profane language and then threatened him. As a result, petitioner was served with a misbehavior report and, following a tier II disciplinary hearing, was found guilty of engaging in violent conduct, making threats, creating a disturbance, refusing a direct order and failing to follow mess hall procedures. The determination was...

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