MATTER OF FARDAN v. KUHLMANN


212 A.D.2d 920 (1995)

623 N.Y.S.2d 172

In the Matter of Talib Hiram Abiff Fardan, Appellant, v. Robert H. Kuhlmann, as Superintendent of Sullivan Correctional Facility, Respondent

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

February 16, 1995


Petitioner was found guilty after a tier II hearing of violating a prison disciplinary rule prohibiting the refusal to obey a direct order of correctional facility personnel. As found by Supreme Court, petitioner's contention that he did not have to obey the order at issue because it was contrary to State directives and facility policy, and was given in excess of authority, is meritless. The petition was therefore properly dismissed.

Ordered that the judgment is affirmed...

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