MATTER OF FERO v. PRACK

516149

110 A.D.3d 1128 (2013)

972 N.Y.S.2d 115

2013 NY Slip Op 6417

In the Matter of WILLIAM FERO, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided October 3, 2013.


When a correction officer observed the front of petitioner's prison cell covered by a sheet, she instructed him to remove it. After first resisting, he complied. Later in the day, the same officer again observed petitioner's cell partially covered by the sheet and directed him to remove it. After again resisting, petitioner removed the sheet to reveal himself naked and masturbating. As a result, petitioner received a misbehavior report charging him with lewd conduct, obstructing...

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