Claudio v. Selsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from a judgment of the Supreme Court (O’Brien III, J.), entered May 12, 2003 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of refusing to obey a direct order based on charges that he refused a correction officer’s order to keep his hands in his pockets while being escorted from his cell. Included in the…
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