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IN THE MATTER OF HARVEY v. WOODS

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2008 NY Slip Op 06473

IN THE MATTER OF MIGUEL HARVEY, Petitioner, v. R.K. WOODS, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Miguel Harvey, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Peters, Carpinello, Lahtinen and Malone Jr., JJ.

MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, attempted to lessen the effects of a chemical agent that was being used by correction officers on another inmate by throwing water into that inmate's face. Petitioner also encouraged the other inmate to continue resisting the officers and to defy their orders. As a result, petitioner was charged in a misbehavior report with creating a disturbance, demonstration and interference with an employee. Following a tier...

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