MATTER OF FERO v. PRACK

515640.

108 A.D.3d 996 (2013)

969 N.Y.S.2d 253

2013 NY Slip Op 5488

In the Matter of WILLIAM FERO, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided July 25, 2013.


While on special watch, petitioner informed a correction officer that he was going to urinate on the floor. The officer instructed petitioner not to do so but petitioner ignored his command and began to urinate, forcing the officer to move. As a result, petitioner was charged in a misbehavior report with refusing a direct order, interfering with an employee and committing an unhygienic act. He was found guilty of the charges following a tier III disciplinary hearing. On administrative...

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