MATTER OF DAUM v. PRACK

518830

129 A.D.3d 1395 (2015)

14 N.Y.S.3d 175

2015 NY Slip Op 05527

In the Matter of TERRY DAUM, Appellant, 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 June 25, 2015.


While a correction officer was making his security rounds, petitioner addressed him in a disrespectful manner and made sexually suggestive comments. Petitioner then exposed his genitals and ignored the officer's directives to cease engaging in such conduct. As a result, he was charged in a misbehavior report with creating a disturbance, engaging in lewd conduct, refusing a direct order, interfering with an employee and harassment. He was found guilty of the charges following...

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