Petitioner, a prison inmate, was issued a misbehavior report charging him with refusing a direct order. The charge arose out of an incident wherein the commissary clerk asked petitioner to report to work and, instead of reporting immediately, petitioner remained outside to finish smoking a cigarette. Following a tier II disciplinary hearing, petitioner was found guilty of the charge. This determination was upheld on administrative appeal and this CPLR article 78 proceeding...
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