MATTER OF COSTA v. CONNOLLY

513092.

94 A.D.3d 1322 (2012)

942 N.Y.S.2d 693

2012 NY Slip Op 2935

In the Matter of LARRY COSTA, Petitioner, v. WILLIAM CONNOLLY, as Superintendent of Fishkill Correctional Facility, Respondent.

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

Decided April 19, 2012.


While a correction officer was doing the count in one of the visiting rooms, petitioner repeatedly distracted the officer by asking him if he got the count right. He then ignored the officer's directive to stop talking and, as a result, the count was delayed. Due to his conduct, petitioner was charged in a misbehavior report with harassment, refusing a direct order, delaying the count and violating visiting room procedures. He was found guilty of the charges at the conclusion...

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