MATTER OF AMAKER v. BOYD

524997.

162 A.D.3d 1418 (2018)

80 N.Y.S.3d 507

2018 NY Slip Op 04798

In the Matter of Anthony D. Amaker, Petitioner, v. Andrew Boyd, as Captain at Bare Hill Correctional Facility, Respondent.

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

Decided June 28, 2018.


Petitioner was charged in a misbehavior report with interference with an employee and refusing a direct order following an incident in the prison infirmary. At the tier II disciplinary hearing, the nurse attending to petitioner and a correction officer working at the infirmary testified that after petitioner arrived for a sick call, he became loud and demanding, talked over the nurse and was uncooperative. Further, they testified that petitioner refused several direct orders...

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