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MATTER OF FERRAR v. SELSKY

1 A.D.3d 671 (2003)

766 N.Y.S.2d 618

In the Matter of FERNANDO FERRAR, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

November 6, 2003.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting participation in a demonstration and refusing to obey a direct order based upon charges that he had refused a correction officer's order to report to work in the facility's mess hall.* Substantial evidence of petitioner's guilt was presented in the form of the misbehavior report and the testimony of the correction officer who witnessed the charged misconduct (

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