MATTER OF BROOKS v. UNGER

515122

110 A.D.3d 1122 (2013)

972 N.Y.S.2d 740

2013 NY Slip Op 6412

In the Matter of DAVID BROOKS, Appellant, v. DAVID UNGER, as Superintendent of Wyoming Correctional Facility, et al., Respondents.

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

Decided October 3, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with disobeying a direct order, possession of stolen property and possession of authorized property in an unauthorized area. The charges stemmed from petitioner's possession in his cube of a keyboard and adaptor belonging to the therapeutic music program despite being informed that the personal use of such instruments by music therapy participants such as petitioner was no longer permitted. Petitioner was found...

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