MATTER OF DEJESUS v. PRACK

512694.

93 A.D.3d 985 (2012)

939 N.Y.S.2d 733

2012 NY Slip Op 1721

In the Matter of ULYSSES DEJESUS, 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 March 8, 2012.


While making his rounds on petitioner's cell block, a correction officer noticed a large quantity of water flowing from the water chase. As the officer walked by petitioner's cell, a large wad of wet toilet paper was thrown from the cell, barely missing the officer's head. Petitioner asked to be released from his cell so that he could mop the floor, but the officer denied his request. Petitioner thereafter was charged in a misbehavior report with creating a disturbance, committing...

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