MATTER OF WIGFALL v. NEW YORK STATE DEPT. OF CORR. AND COMMUNITY SUPERVISION

525700.

160 A.D.3d 1332 (2018)

75 N.Y.S.3d 341

2018 NY Slip Op 02869

In the Matter of Joseph Wigfall, Petitioner, v. New York State Department of Corrections and Community Supervision, Respondent.

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

Decided April 26, 2018.


Petitioner was charged in a misbehavior report with making threats and harassment. According to the report, petitioner approached a correction officer, pointed his finger and, in a very threatening tone, exclaimed, "you WILL be paying me for my job today." When the correction officer asked if that was a threat, petitioner replied that the correction officer could take it any way that he wanted. Following a tier II disciplinary

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