MATTER OF CANTY v. ESGROW

510551.

83 A.D.3d 1322 (2011)

921 N.Y.S.2d 410

In the Matter of MOSHE CINQUE CANTY, Also Known as MOSHE CINQUE OWUSU SANKOFA OLUGBALA, Appellant, v. JAMES ESGROW, as Hearing Officer, et al., Respondents.

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

Decided April 21, 2011.


Petitioner, a prison inmate, was confined to the special housing unit (hereinafter SHU) when a correction officer gave him a direct order to stop yelling after the lights had been turned out. Petitioner requested a copy of that rule and, when the officer provided it, petitioner became profane and made threats toward the officer. As a result, petitioner was charged in a misbehavior report with refusing a direct order, creating a disturbance, making threats and harassment....

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