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IN THE MATTER OF DAVILA v. SELSKY

29 A.D.3d 1247 (2006)

814 N.Y.S.2d 830

In the Matter of PAUL DAVILA, 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.

May 25, 2006.

Acting upon confidential information, correction officials approached petitioner's cell to conduct a search. When they arrived, they observed petitioner standing next to the toilet and he was ordered not to flush it. He ignored this directive and appeared to dispose of an unknown object. Although no contraband was found on petitioner or in his cell, he was charged in a misbehavior report with refusing a direct order, interfering...

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