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MATTER OF REYES v. BARKLEY

261 A.D.2d 743 (1999)

691 N.Y.S.2d 203

In the Matter of WILFREDO REYES, Petitioner, v. WAYNE BARKLEY, as Superintendent of Riverview Correctional Facility, et al., Respondents.

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

Decided May 13, 1999.

Petitioner, a prison inmate, was found guilty of disobeying a direct order in violation of a prison disciplinary rule.* According to the misbehavior report, petitioner became argumentative about how tight his handcuffs had been applied and refused repeated orders to stop talking and using abusive language. In our view, the detailed misbehavior report, authored by the correction officer who issued the direct orders, constitutes substantial evidence...

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