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MATTER OF KEITH v. COOMBE

235 A.D.2d 879 (1997)

653 N.Y.S.2d 401

In the Matter of Paul Keith, Appellant, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

January 23, 1997

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, was found guilty of violating prison disciplinary rule 106.10 (7 NYCRR 270.2 [B] [7] [i]) (refusing to obey a direct order) and rule 109.12 (7 NYCRR 270.2 [B] [10] [iii]) (interfering with inmate movement). Petitioner admits that he refused a correction officer's order to move from his single-occupancy cell to a double-occupancy cell but contends that his...

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