MATTER OF KALWASINSKI v. PRACK

518698

122 A.D.3d 990 (2014)

994 N.Y.S.2d 481

2014 NY Slip Op 07551

In the Matter of MITCHELL KALWASINSKI, 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 6, 2014.


Petitioner, an inmate, was involved in an incident on July 12, 2013 in which he yelled at a facility nurse, made graphic threats, remarks and gestures to her and a correction officer while nude in his cell, and kicked the cell door, conduct which continued after he was ordered to stop. Petitioner was charged in a misbehavior report with lewd conduct, making threats, creating a disturbance, refusing a direct order and harassment. About 90 minutes later, when the correction...

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