MATTER OF TAFARI v. ROCK

511492.

85 A.D.3d 1529 (2011)

925 N.Y.S.2d 922

2011 NY Slip Op 5614

In the Matter of INJAH TAFARI, Petitioner, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided June 30, 2011.


Petitioner, a prison inmate, was charged in a misbehavior report with refusing a direct order after he declined to accompany a correction officer sent to his cell to escort him on a medical trip. Petitioner was found guilty after a tier II disciplinary hearing and the determination was administratively affirmed. Petitioner then commenced this CPLR article 78 proceeding.

The determination should be annulled. The misbehavior report, upon which the Hearing Officer based...

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