MATTER OF COSME v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

526571.

168 A.D.3d 1327 (2019)

92 N.Y.S.3d 745

2019 NY Slip Op 00651

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

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

Decided January 31, 2019.


Petitioner was charged in a misbehavior report with making threats, creating a disturbance, engaging in violent conduct, interfering with an employee, harassment, refusing a direct order and failing to comply with frisk procedures. The charges stemmed from an incident wherein petitioner, upon exiting the facility mess hall, became embroiled in a verbal altercation with a correction sergeant, during which petitioner, among other things, became argumentative, made various threats...

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