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MATTER OF TAFARI v. McGINNIS

307 A.D.2d 502 (2003)

763 N.Y.S.2d 342

In the Matter of INJAH E. TAFARI, Petitioner, v. MICHAEL McGINNIS, as Superintendent of Southport Correctional Facility, Respondent.

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

Decided July 10, 2003.

Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting refusal to obey a direct order, violation of movement regulations and failure to comply with search procedures. According to the misbehavior report, petitioner repeatedly refused to vacate his cell to facilitate a cell search, stating that he would not leave until a supervisor was present. When a sergeant...

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