MATTER OF MARINO v. MARTUSCELLO

519877

131 A.D.3d 749 (2015)

14 N.Y.S.3d 589

2015 NY Slip Op 06463

In the Matter of LEO A. MARINO, Petitioner, v. DANIEL MARTUSCELLO JR., as Superintendent of Coxsackie Correctional Facility, Respondent.

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

Decided August 6, 2015.


Three different correction officers observed petitioner, on separate occasions, smoking a cigarette in his cell and each directed him to extinguish it. Each officer then prepared a misbehavior report charging petitioner with, among other things, smoking in an undesignated area and refusing a direct order. A fourth misbehavior report was prepared by a correction counselor after he received a letter—containing degrading and intimidating comments—that was written...

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