MATTER OF FELICIANO v. BARKLEY


260 A.D.2d 883 (1999)

689 N.Y.S.2d 536

In the Matter of RICHARD FELICIANO, 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 April 22, 1999.


Following a tier II disciplinary hearing, petitioner was found guilty of refusing to obey a direct order. The misbehavior report stated that, on May 15, 1998, a correction officer saw petitioner receive some papers from another inmate. After petitioner refused a request to hand over the papers, the correction officer then gave petitioner a direct order to do so, which petitioner also refused. In our view, the clear and detailed misbehavior report, combined with the correction...

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