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MATTER OF COVINGTON v. SMITH

63 A.D.3d 1453 (2009)

In the Matter of RONNIE COVINGTON, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 25, 2009.

Following an anonymous tip, petitioner was observed receiving medication in the prison infirmary, putting it in his mouth and, after pretending to swallow it, spitting it back out and secreting it in the cuff of his pants. Petitioner was, thereafter, served with a misbehavior report and, following a tier II disciplinary proceeding, was found guilty of the unauthorized possession of medication, smuggling and refusing a direct order...

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