MATTER OF SIMMONS v. LAVALLEY

520034

130 A.D.3d 1126 (2015)

12 N.Y.S.3d 390

2015 NY Slip Op 05742

In the Matter of DEREK SIMMONS, Petitioner, v. THOMAS LAVALLEY, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided July 2, 2015.


Petitioner was charged in a misbehavior report with creating a disturbance, interfering with an employee, harassment, refusing a direct order and making threats. According to the misbehavior report, petitioner did not comply with several directives from a correction officer to hang up the telephone, requiring that officer to approach petitioner. Thereafter, petitioner allegedly made various inappropriate and violent remarks to the correction officer. Following a tier II disciplinary...

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