MATTER OF WATSON v. WERLAU

533119.

201 A.D.3d 1288 (2022)

158 N.Y.S.3d 644

2022 NY Slip Op 00488

In the Matter of Earl Watson, Petitioner, v. J. Werlau, as Shawangunk Correctional Facility Captain, et al., Respondents.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

Earl Watson, Dannemora, petitioner pro se.

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

Garry, P.J., Egan Jr., Lynch, Pritzker and Colangelo, JJ., concur.


Petitioner was charged in a misbehavior report with refusing a direct order, creating a disturbance and being out of place. According to the misbehavior report, a correction officer gave petitioner a direct order to lock in his cell because recreation time was over. Petitioner argued with the correction officer that he was allowed longer recreation time. When the correction officer repeated the direct order to petitioner to lock in his cell, petitioner became louder and other...

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