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MATTER OF BELL v. LEARY

275 A.D.2d 834 (2000)

713 N.Y.S.2d 885

In the Matter of ALTON BELL, Petitioner, v. C.A. LEARY, as Superintendent of Lyon Mountain Correctional Facility, Respondent.

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

Decided September 14, 2000.

Lahtinen, J.

Following a tier II hearing, petitioner was found guilty of failing to obey direct orders from a correction officer and a sergeant not to wear his "do-rag"* in unauthorized areas. The detailed misbehavior report authored by the correction officer who witnessed petitioner's refusal to obey the direct orders provides substantial evidence of petitioner's guilt (see, Matter of Daum v Goord, 274 A.D.2d 715...

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