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MATTER OF DELEON v. PRACK

516049.

111 A.D.3d 1204 (2013)

975 N.Y.S.2d 701

2013 NY Slip Op 7902

In the Matter of ELISEO DELEON, 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 November 27, 2013.

A substance abuse program assistant overheard petitioner declare to other inmates that he was going to hit the assistant "over the head with a ... chair" if he was kept in the program for a prolonged period of time. Petitioner was accordingly charged in a misbehavior report with violating various prison disciplinary rules, and was found guilty of creating a disturbance following a tier III disciplinary hearing. The determination...

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