MATTER OF COOPER v. PRACK

511071.

85 A.D.3d 1470 (2011)

925 N.Y.S.2d 907

2011 NY Slip Op 5388

In the Matter of ANTHONY COOPER, Petitioner, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 23, 2011.


After he was removed from his cell for visitation, petitioner was ordered to stand facing the windows near a gate while correction officers were getting other inmates out of their cells for visitation. When one of those inmates approached petitioner, petitioner turned to kick the inmate but the inmate blocked the kick with his hands. As a result, petitioner was charged in a misbehavior report with refusing a direct order, engaging in violent conduct and fighting. Following...

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