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IN THE MATTER OF ROSARIO v. SELSKY

5 A.D.3d 896 (2004)

772 N.Y.S.2d 885

In the Matter of JOSE ROSARIO, 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.

March 11, 2004.

Petitioner was found guilty of two counts each of drug possession and smuggling as charged in two separate misbehavior reports.* The first misbehavior report relates that while a correction officer was conducting a strip search of petitioner, petitioner was ordered to spit out what appeared to be a green object in his mouth. When petitioner failed to comply, a correction sergeant was called and ordered the strip search to continue. As the strip...

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