MATTER OF MATTHEWS v. KELLY


119 A.D.2d 1004 (1986)

In the Matter of Henry Matthews, Respondent, v. Walter Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

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

April 4, 1986


Judgment unanimously modified, on the law, by striking the second ordering paragraph and, as modified, affirmed.

Memorandum:

Petitioner was charged in a misbehavior report with refusing a direct order and refusing to submit to a urine test when he was suspected of using drugs. At his Superintendent's hearing he pleaded guilty to refusing a direct order but not guilty to refusing to submit to urinalysis because, although he had twice refused, he agreed to take...

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