MATTER OF GILLARD v. WHITE

507125.

79 A.D.3d 1466 (2010)

912 N.Y.S.2d 460

In the Matter of GARY GILLARD, Petitioner, v. BRANDI WHITE, as Inmate Grievance Supervisor, et al., Respondents.

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

Decided December 23, 2010.


Petitioner was served with a misbehavior report charging him with refusing a direct order after he was ordered by a correction officer to proceed to the sergeant's office on December 7, 2008 and he refused to do so. He was found guilty of that charge following a tier II disciplinary hearing which he refused to attend and, thereafter, received no response to his administrative appeal. Subsequently, petitioner received another misbehavior report for a similar incident on December...

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