Petitioner, a prison inmate, was observed by a correction officer removing something from his pocket and placing it in his mouth. The officer removed petitioner from his cell and gave him an order to spit out the object, but petitioner did not comply. Following a tier II disciplinary hearing, petitioner was found guilty of refusing a direct order and interfering with an employee, and that determination was affirmed on administrative appeal. This CPLR article 78 proceeding...
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