MATTER OF TOLIVER v. COMMISSIONER OF CORR. AND COMMUNITY SUPERVISION

514683.

104 A.D.3d 981 (2013)

960 N.Y.S.2d 264

2013 NY Slip Op 1449

In the Matter of MICHEL TOLIVER, Petitioner, v. COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

March 7, 2013.


Petitioner, a prison inmate, was being escorted back to his cell by a correction officer who informed him that he could not enter his cell in his wheelchair. After refusing to leave the wheelchair, petitioner was given a direct order to exit the chair, which he ignored and then rolled the wheelchair into his cell. As a result, petitioner was served with a misbehavior report and, following a tier II disciplinary hearing, was found guilty of refusing a direct order and interfering...

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