MATTER OF COFFEY v. COLLADO

527405.

170 A.D.3d 1319 (2019)

93 N.Y.S.3d 622

2019 NY Slip Op 01703

In the Matter of Robert Coffey, Petitioner, v. Jaifa Collado, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

Decided March 7, 2019.


Petitioner was charged in a misbehavior report with making threats and harassment. According to the report, a correction officer was conducting rounds and approached petitioner's cell, and petitioner became verbally abusive and told the officer to "crack my cell so we can settle this." Following a tier II disciplinary hearing, petitioner was found guilty of both charges. The determination was affirmed on administrative appeal, and this CPLR article 78 proceeding ensued.<...

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