MATTER OF RUSH v. BEZIO

509220.

79 A.D.3d 1548 (2010)

In the Matter of BASHEEN RUSH, 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 December 30, 2010.


SPAIN, J.

Petitioner was told to leave the mess hall because his name did not appear on a list of inmates who were authorized to be there when "special diet" meals were served. He began arguing with the correction officer escorting him from the mess hall, who subsequently authored a misbehavior report charging petitioner with creating a disturbance, making threats, refusing a direct order, violating mess hall policies and being out of place. Following a tier III disciplinary...

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