MATTER OF McCARTHY v. PRACK

518695

126 A.D.3d 1192 (2015)

4 N.Y.S.3d 399

2015 NY Slip Op 02155

In the Matter of DERICK McCARTHY, 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 March 19, 2015.


During the course of an investigation, correction officials received confidential information that petitioner stood watch while another inmate urinated in a water bottle belonging to a correction officer. As a result of this incident, he was charged in a misbehavior report with committing an unhygienic act and assaulting staff. Following a tier III disciplinary hearing, he was found guilty of the charge of committing an unhygienic act.* The determination...

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