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IN THE MATTER OF HERNANDEZ v. SELSKY

6 A.D.3d 830 (2004)

774 N.Y.S.2d 446

In the Matter of ADRIAN HERNANDEZ, Appellant, 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.

April 8, 2004.

Carpinello, J.

Petitioner was charged in a misbehavior report with failing to comply with frisk procedures and engaging in violent conduct after he refused to cooperate with a correction officer during a strip frisk and attempted to secrete something in his rectum. Immediately following this incident, he was taken to a hospital examination room for a forcible strip frisk. When petitioner failed to cooperate during the frisk, he was charged in a second misbehavior...

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