MATTER OF McMILLIAN v. GOORD


252 A.D.2d 645 (1998)

675 N.Y.S.2d 386

In the Matter of Frederick McMillian, Petitioner, v. Glenn S. Goord, as Commissioner of The Department of Correctional Services, et al., Respondents

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

July 2, 1998


Petitioner was found guilty of disobeying a direct order and creating a disturbance in violation of prison disciplinary rules. The misbehavior report written by the correction officer who issued the direct orders to report immediately to the infirmary identification room and witnessed the disturbance created by petitioner's loud opposition thereto, together with the corroborating testimony presented at the disciplinary hearing, provide substantial evidence to support the...

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