MATTER OF JOHNSON v. SELSKY


246 A.D.2d 713 (1998)

667 N.Y.S.2d 517

In the Matter of Herbert Johnson, Petitioner, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Program, Respondent

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

January 8, 1998


Petitioner, a prison inmate and a diabetic, was the subject of a misbehavior report charging that he refused to return a syringe taken from the prison infirmary. Petitioner was subsequently found guilty of violating the prison disciplinary rules prohibiting refusal to obey a direct order and causing the loss of property. Petitioner contends that the determination of his guilt was not based upon substantial evidence. We disagree. Presented in evidence at the disciplinary hearing...

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