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IN THE MATTER OF BURR v. GOORD

8 A.D.3d 919 (2004)

779 N.Y.S.2d 622

In the Matter of DAVID BURR, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

June 24, 2004.

Following a disciplinary hearing, petitioner was found guilty of disobeying a direct order and not guilty of creating a disturbance. Petitioner thereafter commenced this CPLR article 78 proceeding challenging the determination of guilt. The misbehavior report relates that after being seen on sick call, petitioner refused multiple orders to return to his cell. Petitioner eventually complied once the area supervisor was called. At...

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