MATTER OF CALDWELL v. ROCK

511941.

93 A.D.3d 1048 (2012)

940 N.Y.S.2d 688

2012 NY Slip Op 2136

In the Matter of CORY CALDWELL, Petitioner, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

Decided March 22, 2012.


Petitioner, a prison inmate, was charged in a misbehavior report with engaging in sexual acts, violating visiting room procedures and refusing a direct order after he was observed by a correction officer touching and being touched in the groin area by a visitor after he had been given a direct order to refrain from such activity. He was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed upon administrative appeal. Petitioner...

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