MATTER OF McKINS v. JAMES


285 A.D.2d 889 (2001)

728 N.Y.S.2d 589

In the Matter of JOHN McKINS, Petitioner, v. R. JAMES, as Judicial Hearing Officer at Attica Correctional Facility, et al., Respondents.

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

Decided July 19, 2001.


Petitioner was found guilty of violating the prison disciplinary rules that prohibit assault on a staff member, violent conduct, interference with a staff member and refusing to obey a direct order. As set forth in the misbehavior report, petitioner became irate and argumentative when the correction officer who authored the report gave him a counseling slip wherein he was admonished to timely report to his prison job assignment. Petitioner was then ordered to return to his...

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