MATTER OF JAMISON v. GRIFFIN

523036.

148 A.D.3d 1384 (2017)

2017 NY Slip Op 01932

48 N.Y.S.3d 635

In the Matter of LEROY JAMISON, Petitioner, v. THOMAS GRIFFIN, as Superintendent of Green Haven Correctional Facility, Respondent.

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

Decided March 16, 2017.


Petitioner was charged in a misbehavior report with refusing a direct order, interfering with an employee and being out of place. Following a tier II disciplinary hearing, petitioner was found guilty of refusing a direct order and not guilty of the remaining charges. That determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

Contrary to petitioner's contention, the misbehavior report and testimony at the hearing provide...

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