Appellate Division of the Supreme Court of the State of New York September 15, 2011 (Gittens v. New York State Department of Correctional Services)

*1195Following an incident in which a number of fights broke out in the prison yard, correction officers lined up inmates to be frisked and photographed. Petitioner made derogatory comments about this process in the presence of many other inmates and continued to do so despite directives by a correction officer to keep quiet. He finally stopped when another inmate suggested that he do so.