Midlarsky v. Kelly

— Determination unanimously annulled on the law and petition granted, in accordance with the following memorandum: In a misbehavior report filed by C. O. *993Moscicki, petitioner was charged with refusing to obey a direct order in violation of prison rule 106.10. At his Tier II hearing, petitioner pleaded "not guilty” and asserted that he did not hear the order when it was given. Another inmate also testified that he did not hear the order. Relying on the misbehavior report, the Hearing Officer found petitioner guilty as charged. There was, however, no express finding that petitioner heard the…