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MATTER OF DAWES v. McCLELLAN

226 A.D.2d 797 (1996)

639 N.Y.S.2d 968

In the Matter of Ian Dawes, Petitioner, v. R. J. McClellan, as Superintendent of Southport Correctional Facility, Respondent

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

April 4, 1996

Petitioner was found guilty of refusing a direct order and failing to comply with frisk and search procedures after he refused to come out of his cell so that it could be searched. He argues that the administrative determination is not supported by substantial evidence. Given the testimony of the correction officers who witnessed the incident and the contents of the misbehavior report, we find petitioner's argument to be unpersuasive...

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