MATTER OF SPULKA v. SELSKY


36 A.D.3d 1183 (2007)

827 N.Y.S.2d 374

In the Matter of KENNETH SPULKA, 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 January 25, 2007.


Petitioner was charged in a misbehavior report with violating a prison disciplinary rule prohibiting refusal to obey a direct order based upon his failure to provide a urine sample within three hours of being ordered to do so. Following a tier III disciplinary hearing, petitioner was found guilty. The determination was affirmed on administrative review. Petitioner thereafter commenced this CPLR article 78 proceeding challenging...

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