MCEACHIN v. NAPOLI


56 A.D.3d 1089 (2008)

867 N.Y.S.2d 361

In the Matter of GUY MCEACHIN, Petitioner, v. DAVID NAPOLI, as Superintendent of Southport Correctional Facility, et al., Respondents.

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

November 26, 2008.


After he refused a correction officer's order to stop banging on his cell door, petitioner was charged in a misbehavior report with refusing a direct order and creating a disturbance. He was found guilty of the charges following a tier II disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Petitioner confines his challenge to the sufficiency of the evidence supporting the determination...

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