MATTER OF TOLIVER v. COMMISSIONER OF NEW YORK STATE DEPARTMENT

515272.

107 A.D.3d 1263 (2013)

967 N.Y.S.2d 518

2013 NY Slip Op 4654

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

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

Decided June 20, 2013.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination rendered upon two misbehavior reports. The first report alleged that petitioner had refused a direct order to end his shower; the second report stemmed from his continued uncooperative behavior upon returning to his cell and charged him with refusing a direct order, creating a disturbance, interfering with an employee and committing a movement regulation...

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