MATTER OF BELTRE v. RODRIGUEZ

530537.

185 A.D.3d 1370 (2020)

126 N.Y.S.3d 423

2020 NY Slip Op 04361

In the Matter of Melvin Beltre, Petitioner, v. Anthony Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided July 30, 2020.


While a correction officer was conducting evening rounds, petitioner, in the presence of approximately 15 other inmates, became belligerent, aggressive and, despite being given multiple orders to cease his behavior, threatened to kill the correction officer and his family. As a result of the incident, petitioner was charged in a misbehavior report with making threats, creating a disturbance, refusing a direct order and harassing staff by using insolent language. Following...

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