Fulton v. Capra

• Decision Date: 10 November 2021
• Docket Number: 531675
• Citation: 199 A.D.3d 1139,156 N.Y.S.3d 581
• Parties: In the Matter of Alvin FULTON Jr., Petitioner, v. Michael CAPRA, as Superintendent of Sing Sing Correctional Facility, Respondent.
• Court: New York Supreme Court — Appellate Division

199 A.D.3d 1139
156 N.Y.S.3d 581

In the Matter of Alvin FULTON Jr., Petitioner,
v.
Michael CAPRA, as Superintendent of Sing Sing Correctional Facility, Respondent.

531675

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

Calendar Date: October 8, 2021
Decided and Entered: November 10, 2021

156 N.Y.S.3d 582

Alvin Fulton Jr., Marcy, petitioner pro se.

Letitia James, Attorney General, Albany (Patrick A. Woods of counsel), for respondent.

Before: Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ.

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent finding petitioner guilty of violating certain prison disciplinary rules.

On February 4, 2019, petitioner was charged in a misbehavior report with harassment. According to the report, petitioner was upset when he was told by the physician assistant that was treating him that petitioner's feed up pass had been denied. In response, petitioner told the physician assistant that he "wish[ed] harm on [him] and [his] family" and "wish[ed] you all suffer." Following a tier II disciplinary hearing, petitioner was found guilty as charged and the determination was affirmed on administrative appeal.

On February 20, 2019, petitioner was charged in a misbehavior report with making threats, refusing a direct order, interfering with an employee, making a false statement, being out of place and violating movement procedures. According to that report, a correction officer observed petitioner outside his cell exchanging items with other incarcerated individuals who were secured in their cells. Petitioner refused several orders by the officer that he return to his cell, telling the officer to wait. The officer then approached petitioner and petitioner put his hand in the officer's face in a threatening manner, again telling him to wait as petitioner continued to exchange items with other incarcerated individuals. Petitioner was ultimately secured in his cell, delaying the distribution of...