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MATTER OF BARCLAY v. J. KNOWLES

509230

79 A.D.3d 1550 (2010)

914 N.Y.S.2d 347

In the Matter of H. PATRICK BARCLAY, Petitioner, v. J. KNOWLES, as Correction Officer, et al., Respondents.

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

Decided December 30, 2010.

MALONE JR., J.

Petitioner, a prison inmate, was served with a misbehavior report charging him with various disciplinary infractions after an incident in which he allegedly stood up in a crowded mess hall, threw his food tray in the air and engaged in an obscenity-laced tirade directed at another inmate. Following a tier III disciplinary hearing, petitioner was found guilty of engaging in violent conduct, creating a disturbance, wasting food and violating mess hall...

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