MATTER OF JOSEPH v. LACLAIR

511505.

89 A.D.3d 1298 (2011)

932 N.Y.S.2d 590

2011 NY Slip Op 8253

In the Matter of NIGEL JOSEPH, Petitioner, v. DARWIN LACLAIR, as Superintendent of Franklin Correctional Facility, Respondent.

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

Decided November 17, 2011.


Petitioner disobeyed a correction officer's directive to perform his porter duties and, as a result, was charged in a misbehavior report with refusing a direct order. Following a tier II disciplinary hearing, petitioner was found guilty of the charge, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The detailed misbehavior report provides substantial evidence supporting the determination of guilt ...

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