MATTER OF BARNES v. PRACK

514889.

109 A.D.3d 1028 (2013)

971 N.Y.S.2d 359

2013 NY Slip Op 5937

In the Matter of JESSIE J. BARNES, Appellant, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided September 19, 2013.


When a correction officer delivered legal mail to petitioner and requested him to sign for it, petitioner became agitated, used profanity toward the officer and threatened to harm the officer and his family when he was released from prison. As a result, petitioner was charged in a misbehavior report with five disciplinary infractions. The following day, petitioner insisted that a facility nurse take him on an emergency sick call and, when the nurse did not comply with his...

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