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MATTER OF VIDAL v. KELLY

139 A.D.2d 915 (1988)

In the Matter of Felix Vidal, Appellant, v. Walter Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

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

April 8, 1988

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Petitioner was charged in a misbehavior report with refusing to obey a direct order and refusing to submit to a urine test when he was suspected of using drugs. At his Tier II hearing he was found guilty of both charges on the basis of the misbehavior report.

Pursuant to the stipulation of counsel, Special Term...

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