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MATTER OF FULTON v. CAPRA

531675.

199 A.D.3d 1139 (2021)

156 N.Y.S.3d 581

2021 NY Slip Op 06123

In the Matter of Alvin Fulton Jr., Petitioner, v. Michael Capra, as Superintendent of Sing Sing Correctional Facility, Respondent.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Alvin Fulton, Jr., Marcy, petitioner pro se.

Letitia James , Attorney General, Albany ( Patrick A. Woods of counsel), for respondent.

Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

On February 4, 2019, petitioner was charged in a misbehavior report with harassment. According to the report, petitioner was upset when he was told by the physician assistant that was treating him that petitioner's feed up pass had been denied. In response, petitioner told the physician assistant that he "wish[ed] harm on [him] and [his] family" and "wish[ed] you all suffer." Following a tier II disciplinary hearing, petitioner...

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