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MATTER OF SPIRLES v. WILCOX

302 A.D.2d 826 (2003)

754 N.Y.S.2d 602

In the Matter of MICHAEL SPIRLES, Petitioner, v. W.E. WILCOX, as Captain at Southport Correctional Facility, Respondent.

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

Decided February 27, 2003.

Petitioner was charged in a misbehavior report with refusing a direct order and a movement violation after he refused a correction officer's order to pack his property. Following a disciplinary hearing at which petitioner was not present, petitioner was found guilty of both charges. Petitioner appeals, contending that he did not waive his right to be present at the hearing.* Although petitioner explained on a waiver of attendance form that he...

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