MATTER OF WILLIAMS v. KIRKPATRICK

523879.

153 A.D.3d 996 (2017)

56 N.Y.S.3d 916

2017 NY Slip Op 06022

In the Matter of THOMAS WILLIAMS, Petitioner, v. MICHAEL KIRKPATRICK, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided August 3, 2017.


Petitioner was charged in a misbehavior report with disobeying a direct order, harassment and creating a disturbance as a result of an incident in the mess hall. Following a tier II disciplinary hearing, petitioner was found guilty of creating a disturbance and not guilty of the remaining charges. The determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. In the detailed misbehavior report, the head cook reported...

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