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MATTER OF BAZIL v. GOORD

284 A.D.2d 751 (2001)

726 N.Y.S.2d 589

In the Matter of KENNETH BAZIL, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided June 21, 2001.

Spain, J.

Petitioner was charged with violating the prison disciplinary rules that prohibit refusing a direct order and refusing a double-cell assignment. Following a hearing, petitioner was found guilty of refusing a double-cell assignment based in part upon his plea of guilty thereto, but was found not guilty of refusing a direct order. Petitioner asserts that it is irrational to find him guilty of refusing a double-cell assignment, and not guilty of refusing a...

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