MATTER OF BARNES v. LEE

524234.

153 A.D.3d 1543 (2017)

2017 NY Slip Op 06696

60 N.Y.S.3d 708

In the Matter of JERRY BARNES, Petitioner, v. WILLIAM LEE, as Superintendent of Eastern N.Y. Correctional Facility, et al., Respondents.

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

Decided September 28, 2017.


Petitioner was charged in a misbehavior report with refusing a direct order, participating in a work stoppage and joining in an assembly of inmates without authorization following an incident in the prison mattress shop in which approximately 30 inmates ceased work to stand in line at the bathroom in an apparent protest of a new bathroom pass policy and then refused direct orders to disperse and return to work. Petitioner was found guilty of all charges at the conclusion...

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