MATTER OF BYRD v. MILLER


234 A.D.2d 828 (1996)

651 N.Y.S.2d 944

In the Matter of Theodore Byrd, Petitioner, v. David Miller, as Superintendent of Eastern Correctional Facility, Respondent

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

December 19, 1996


Petitioner was found guilty of violating prison disciplinary rules prohibiting demonstrations, refusing to obey a direct order, being out of place and disobeying inmate movement regulations. He challenges this determination on the grounds that the Hearing Officer was biased and failed to take certain mitigating factors into consideration. The record discloses, however, that petitioner admitted at his disciplinary hearing that he refused to come out of his cell during an inmate...

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