MATTER OF BARNES v. PRACK

512081.

92 A.D.3d 990 (2012)

937 N.Y.S.2d 472

2012 NY Slip Op 678

In the Matter of JESSE J. BARNES, 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 February 2, 2012.


Petitioner, a prison inmate, became verbally abusive and profane towards a facility nurse while she was dispensing medication at his cell. Ignoring several direct orders to desist, petitioner continued his abuse and threatened to kill the nurse and her family. Petitioner was thereafter charged in a misbehavior report with various infractions and, following a tier III disciplinary hearing, was found guilty of harassment, making threats and creating a disturbance. The determination...

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