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MATTER OF VANN v. COSTELLO

285 A.D.2d 924 (2001)

727 N.Y.S.2d 918

In the Matter of KOURIOCKEIN VANN, Petitioner, v. JOSEPH COSTELLO, as Superintendent of Mid-State Correctional Facility, Respondent.

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

Decided July 26, 2001.

The detailed misbehavior report, together with the testimony of its author and a second correction officer who witnessed the incident, provides substantial evidence to support the determination finding petitioner guilty of refusing a direct order (see, Matter of Zarvela v Goord, 270 A.D.2d 532, lv denied 95 N.Y.2d 758). Inasmuch as the record contains no evidence that the correction officer who authored the report was aware...

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