MATTER OF WELLS v. O'KEEFE


286 A.D.2d 791 (2001)

729 N.Y.S.2d 918

In the Matter of CARL WELLS, Petitioner, v. JOHN F. O'KEEFE, as Superintendent of Ogdensburg Correctional Facility, Respondent.

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

Decided September 13, 2001.


Petitioner challenges a determination finding him guilty of refusing to obey a direct order to report to the facility program committee. We find that the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966; Matter of Ross v Blaine, 267 A.D.2d 538

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