MATTER OF KAIRIS v. SMITH

521798.

141 A.D.3d 1054 (2016)

35 N.Y.S.3d 664

In the Matter of PAUL KAIRIS, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided July 28, 2016.


Petitioner confronted a female correction officer after he missed the call out for the morning meal run. He proceeded to shout at the officer in the presence of other inmates and called her a liar. As a result, he was charged in a misbehavior report with harassment, creating a disturbance and being out of place. Following a tier II disciplinary hearing, he was found guilty of the former two charges, but not guilty of the third. The determination was later affirmed on administrative...

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