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MATTER OF HARRIS v. SELSKY

15 A.D.3d 708 (2005)

788 N.Y.S.2d 714

In the Matter of THORNELL HARRIS, 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.

February 3, 2005.

Pursuant to two misbehavior reports, petitioner was found guilty of possessing drug paraphernalia, smuggling and refusing a direct order.* The first misbehavior report related that petitioner was on drug watch and a search of his feces uncovered a portion of a pink balloon. According to the second misbehavior report, petitioner disobeyed a direct order to keep his hands exposed in compliance with drug watch procedures. Initially, we are unpersuaded...

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