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IN THE MATTER OF AMAKER v. DAVID CARPENTER

28 A.D.3d 828 (2006)

811 N.Y.S.2d 821

In the Matter of ANTHONY D. AMAKER, Petitioner, v. DAVID CARPENTER, as Deputy Superintendent of Program Services of Great Meadow Correctional Facility, Respondent.

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

April 6, 2006.

Petitioner refused a correction officer's directive to leave his cell for a mental health call out. As a result, he was charged in a misbehavior report with a facility movement violation and refusing a direct order. He was found guilty of the charges following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report...

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