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MATTER OF GREEN v. BRADT

510095.

79 A.D.3d 1566 (2010)

914 N.Y.S.2d 739

In the Matter of SHAWN GREEN, Petitioner, v. MARK L. BRADT, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided December 30, 2010.

Petitioner, a prison inmate, was served with a misbehavior report in September 2009 charging him with refusing a direct order and violating mess hall procedures after he took an extra brownie and began to eat it while still in the chow line. When a correction officer gave petitioner a direct order to put one brownie back, he returned the partially eaten brownie and refused to return the intact brownie when specifically instructed...

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