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MATTER OF CINTRON v. MAXWELL

244 A.D.2d 745 (1997)

666 N.Y.S.2d 46

In the Matter of George Cintron, Petitioner, v. H. Maxwell, as Civilian Teacher, Marcy Correctional Facility, et al., Respondents

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

November 20, 1997

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from refusing to obey a direct order. The misbehavior report stated that on November 1, 1996, petitioner had refused to obey two of the three directives given to him by a civilian teacher. Although petitioner testified that he had immediately complied with the teacher's first order, this conflicting testimony merely presented a credibility...

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