MATTER OF DAUM v. SIPPLE

533355.

199 A.D.3d 1156 (2021)

154 N.Y.S.3d 284

2021 NY Slip Op 06137

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 November 10, 2021.


Attorney(s) appearing for the Case

Terry Daum, Fallsburg, petitioner pro se.

Letitia James , Attorney General, Albany ( Owen Demuth of counsel), for respondent.

Egan Jr., J.P., Lynch, Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.


Petitioner was charged in a misbehavior report with refusing a direct order, harassing an employee, interfering with an employee, making threats and creating a disturbance. According to the report, petitioner was outside his cell when he was observed displaying his middle finger at a female correction officer. The correction officer who observed petitioner's conduct ordered petitioner to lock in his cell. Petitioner became irate at that point, refusing to lock in and began...

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