MATTER OF ORTIZ v. DUNCAN


306 A.D.2d 656 (2003)

759 N.Y.S.2d 909

In the Matter of EDDIE ORTIZ, Petitioner, v. GEORGE DUNCAN, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided June 12, 2003.


Petitioner challenges determinations arising out of two prison disciplinary hearings, the first of which found him guilty of refusing to obey direct orders and creating a disturbance. According to the misbehavior report, petitioner repeatedly refused to comply with the correction officer's orders to stop shouting and continued to create a disturbance until after 2:00 A.M. Petitioner had been counseled concerning similar conduct in the past. Substantial evidence of petitioner...

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