MATTER OF SMITH v. MARTUSCELLO

510928.

85 A.D.3d 1516 (2011)

925 N.Y.S.2d 921

2011 NY Slip Op 5605

In the Matter of AUREL SMITH, Petitioner, v. DANIEL MARTUSCELLO JR., as Superintendent of Coxsackie Correctional Facility, Respondent.

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

Decided June 30, 2011.


While making rounds, a correction officer observed a towel hanging across the door of petitioner's cell and petitioner was given a direct order to remove the towel, which he ignored. Thereafter, petitioner became irate and threatened the officer, using profanity, which resulted in a misbehavior report charging him with various disciplinary infractions. Following a tier II disciplinary hearing, petitioner was found guilty of refusing a direct order, making threats and harassment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases