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MATTER OF CREDELL v. HURT

525602.

167 A.D.3d 1113 (2018)

89 N.Y.S.3d 416

2018 NY Slip Op 08392

In the Matter of Darnell Credell, Petitioner, v. R. Hurt, as Correction Sergeant at Orleans Correctional Facility, et al., Respondents.

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

Decided December 6, 2018.

Petitioner was charged in a misbehavior report with disobeying a direct order after he refused to comply with a correction officer's directive to submit to fingerprinting. At the tier III disciplinary hearing that followed, petitioner objected to the classification of the disciplinary violation — arguing that he previously had been served with a misbehavior report charging him with disobeying a direct order as a tier II...

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