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IN THE MATTER OF CLAUDIO v. SELSKY

4 A.D.3d 702 (2004)

772 N.Y.S.2d 424

In the Matter of ANGEL CLAUDIO, Appellant, 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.

February 26, 2004.

Mercure, J.P.

Following a tier III disciplinary hearing, petitioner was found guilty of refusing to obey a direct order based on charges that he refused a correction officer's order to keep his hands in his pockets while being escorted from his cell. Included in the evidence presented at the hearing were the misbehavior report and the testimony of two correction officers who witnessed the incident, including the reporting officer. After the Hearing Officer's determination...

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