MATTER OF PAYNE v. CORCIMIGLIA

513878.

98 A.D.3d 1175 (2012)

951 N.Y.S.2d 249

2012 NY Slip Op 6238

In the Matter of DOUGLAS G. PAYNE III, Petitioner, v. MARK CORCIMIGLIA et al., Respondents.

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

September 20, 2012.


Petitioner refused to comply with a correction officer's order to submit to a pat frisk and yelled obscenities at the officer. He then attempted to strike the officer, but was restrained. As a result, he was charged in a misbehavior report with refusing a direct order, attempting to assault staff and engaging in violent conduct. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal...

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