MATTER OF ZHONG v. SELSKY


307 A.D.2d 498 (2003)

763 N.Y.S.2d 350

In the Matter of SHUN ZHONG, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided July 10, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting refusal to obey a direct order and violation of urinalysis testing procedures after failing to provide a urine sample within three hours of being ordered to do so (see 7 NYCRR 1020.4 [d] [4]). Substantial evidence of petitioner's guilt was provided in the form of the misbehavior report, petitioner's testimony wherein he conceded his failure to produce a urine sample and the testimony...

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