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MATTER OF MIDLARSKY v. KELLY

145 A.D.2d 992 (1988)

In the Matter of Sheldon Midlarsky, Petitioner, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1988

Determination unanimously annulled on the law and petition granted, in accordance with the following memorandum: In a misbehavior report filed by C. O. Moscicki, petitioner was charged with refusing to obey a direct order in violation of prison rule 106.10. At his Tier II hearing, petitioner pleaded "not guilty" and asserted that he did not hear the order when it was given. Another inmate also testified that he did not hear the...

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