MATTER OF TOLIVER v. COMMISSIONER OF NEW YORK STATE DEPARTMENT

515639.

107 A.D.3d 1283 (2013)

968 N.Y.S.2d 653

2013 NY Slip Op 4675

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, was charged in a misbehavior report with disobeying a direct order and harassing staff. According to the report, petitioner refused the correction officer's order to exit his cell for a shower and, later that day, began to verbally harass that officer while being escorted to the day room to use the telephone. After petitioner stopped walking and refused to use the telephone, he was escorted back to this cell. Following a tier II disciplinary hearing...

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