MATTER OF HARRINGTON v. PRACK

512352.

91 A.D.3d 1244 (2012)

936 N.Y.S.2d 923

2012 NY Slip Op 448

In the Matter of WILLIAM HARRINGTON, 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 January 26, 2012.


After being directed by a correction officer to lock into his cell, petitioner refused, became aggressive and eventually swung a metal can lid at the officer in a threatening manner. As a result, he was charged in a misbehavior report with assaulting staff, engaging in violent conduct, refusing a direct order, possessing a weapon and making threats. Following a tier III disciplinary hearing, he was found guilty of all of the charges

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