MATTER OF FILSAIME v. SABOURIN


288 A.D.2d 516 (2001)

731 N.Y.S.2d 824

In the Matter of DIERRY FILSAIME, Petitioner, v. JOHN H. SABOURIN, as Superintendent of Bare Hill Correctional Facility, Respondent.

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

Decided November 1, 2001.


Following a tier II disciplinary hearing, petitioner was found guilty of a moving violation and of refusing to obey a direct order. Admitted in evidence at the hearing was the misbehavior report wherein it was alleged that petitioner had been observed conversing in a corridor outside the mess hall with other inmates. When they were ordered to disperse, petitioner remained, refusing to obey the correction officer's repeated orders to return to his cube based on his assertion...

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