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MATTER OF THOMPSON v. SELSKY

289 A.D.2d 809 (2001)

734 N.Y.S.2d 348

In the Matter of HASHEEN THOMPSON, Petitioner, v. DONALD SELSKY, as Director of Special Housing/Inmate Discipline Program, Respondent.

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

Decided December 20, 2001.

Crew III, J. P.

Executive Law § 995-c (3) requires certain felony offenders to "provide a sample appropriate for DNA testing to determine identification characteristics specific to such person and to be included in a state DNA identification index." Following petitioner's refusal to provide a sample for DNA testing, he was served with a misbehavior report charging him with refusing a direct order. Specifically, the report alleged that the author of the report...

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