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MATTER OF SHARPE v. SELSKY

308 A.D.2d 615 (2003)

764 N.Y.S.2d 221

In the Matter of PHILIP SHARPE, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided September 11, 2003.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting refusal to obey a direct order and smuggling. In the misbehavior report, a nurse employed in the facility's infirmary related that she had directed petitioner to swallow three tablets containing prescription pain medication. Upon her subsequent inspection of petitioner's mouth, the nurse discovered that petitioner had not swallowed the medication but had secreted all three tablets inside his...

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