MATTER OF HUDYIH v. SMITH

520292

129 A.D.3d 1435 (2015)

12 N.Y.S.3d 375

2015 NY Slip Op 05562

In the Matter of RASHAD HUDYIH, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided June 25, 2015.


Petitioner, an inmate, was directed by a correction officer to work as a utility porter on a Sunday afternoon. He refused, explaining that he did not work on weekends. As a result, he was charged in a misbehavior report with refusing a direct order. Following a tier II disciplinary hearing, he was found guilty of the charge and the determination was subsequently affirmed upon administrative appeal. Petitioner commenced this CPLR article 78 proceeding challenging the determination...

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