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MATTER OF DUAMUTEF v. JOHNSON

266 A.D.2d 823 (1999)

698 N.Y.S.2d 370

In the Matter of DUAUT A. DUAMUTEF, Petitioner, v. SALLY B. JOHNSON, as Superintendent of Orleans Correctional Facility, et al., Respondents.

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

Decided November 12, 1999.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner, an inmate at Orleans Correctional Facility, commenced this CPLR article 78 proceeding seeking review of a determination following a Tier III hearing. One charge was dismissed upon administrative appeal, but the determination that petitioner had violated inmate rules 106.10 (7 NYCRR 270.2 [B] [7] [i] [refusal to obey a direct order]) and 105.10 (7 NYCRR 270.2 ...

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