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MATTER OF GIMENEZ v. ARTUS

63 A.D.3d 1461 (2009)

881 N.Y.S.2d 551

In the Matter of EDWIN GIMENEZ, Petitioner, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided June 25, 2009.

Petitioner interrupted a discussion between two correction officers and then refused directives by one of the officers to be quiet and sit down. As a result, he was charged in a misbehavior report with verbal harassment, making threats and refusing a direct order. Following a tier II disciplinary hearing, petitioner was found guilty of refusing a direct order and the determination was later affirmed on administrative appeal. This...

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