MATTER OF DAUM v. SIPPLE

533121.

197 A.D.3d 1461 (2021)

151 N.Y.S.3d 912

2021 NY Slip Op 05064

In the Matter of Terry Daum, Petitioner, v. Gary Sipple, as Deputy Superintendent of Security at Sullivan Correctional Facility, Respondent.

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

Decided September 23, 2021.


Attorney(s) appearing for the Case

Terry Daum, Fallsburgh, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Egan, Jr., J.P., Lynch, Clark, Reynolds Fitzgerald and Colangelo, JJ., concur.


Petitioner was charged in a misbehavior report with stealing state property, smuggling, possessing excessive bedding, threatening staff, interfering with an employee and refusing a direct order. According to the misbehavior report, at around 10:00 a.m. when a correction officer was making his rounds, he observed and confiscated an extra mattress from petitioner's cell, securing it by the correction officer's desk. The correction officer verified that petitioner did not have...

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