MATTER OF DAVIS v. PRACK

512274.

90 A.D.3d 1447 (2011)

934 N.Y.S.2d 879

2011 NY Slip Op 9564

In the Matter of RAMAL DAVIS, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided December 29, 2011.


A correction officer observed petitioner and another inmate involved in a physical altercation and, as a result, petitioner was charged in a misbehavior report with assaulting an inmate, fighting and engaging in violent conduct. Shortly thereafter, while being pat frisked, petitioner allegedly dropped a scalpel blade on the floor and was charged in a second misbehavior report with possessing a weapon. A tier III disciplinary hearing was conducted on the charges contained...

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