MATTER OF TOLIVER v. DEPARTMENT OF CORR.

513375.

98 A.D.3d 1170 (2012)

950 N.Y.S.2d 815

2012 NY Slip Op 6232

In the Matter of MICHEL TOLIVER, Petitioner, v. DEPARTMENT OF CORRECTIONS et al., Respondents.

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

September 20, 2012.


Petitioner returned to his cell block in his wheelchair, but was ordered to put the wheelchair in the storage room and use his walker to return to his cell. Petitioner refused and maintained that he had medical authorization to use the wheelchair at all times. After correction officials confirmed that petitioner had medical authorization to use the wheelchair only for long distances, he was charged in a misbehavior report with refusing a direct order, making a false statement...

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