Opinion
February 16, 1995
Appeal from the Supreme Court, Sullivan County (Kane, J.).
Petitioner was found guilty after a tier II hearing of violating a prison disciplinary rule prohibiting the refusal to obey a direct order of correctional facility personnel. As found by Supreme Court, petitioner's contention that he did not have to obey the order at issue because it was contrary to State directives and facility policy, and was given in excess of authority, is meritless. The petition was therefore properly dismissed.
Cardona, P.J., Mikoll, Mercure, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.