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MATTER OF MURPHY v. SELSKY

239 A.D.2d 724 (1997)

657 N.Y.S.2d 496

In the Matter of Tyrone N. Murphy, Petitioner, v. Donald Selsky, as Director of Special Housing and Disciplinary Programs, Department of Correctional Services, Respondent

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

May 15, 1997

Casey, J.

On September 20, 1995, petitioner, a prison inmate, agreed to provide a urine sample to correction officers who suspected that he was using marihuana. The sample was frozen and later tested on October 5, 1995 and again on October 13, 1995. The results of both tests were positive for the presence of cannabinoids. On October 13, 1995, petitioner was charged in a misbehavior report with using a controlled substance. Following a disciplinary hearing...

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