MATTER OF LOVETT v. SMITH

509765.

80 A.D.3d 1039 (2011)

915 N.Y.S.2d 706

In the Matter of CLEVELAND LOVETT, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided January 20, 2011.


Petitioner was on the telephone when an announcement was made over the facility loud speaker directing all inmates to lock into their cells for the standing count. By the time petitioner responded to the directive, the gate to his assigned cell had closed. As a result, he was charged in a misbehavior report with refusing a direct order, being out of place, violating lock in procedures and violating count procedures. He was found guilty of the charges following a tier II disciplinary...

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