MATTER OF SALINSKY v. RODRIGUEZ

524505.

155 A.D.3d 1214 (2017)

64 N.Y.S.3d 387

2017 NY Slip Op 07913

In the Matter of DANIEL SALINSKY, Petitioner, v. A. RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 9, 2017.


After petitioner was removed from his quarters in order to be subjected to a strip frisk, a correction officer observed an unknown white object wrapped in tissue between petitioner's buttocks. When the officer ordered petitioner to remove the object, petitioner refused to comply and placed a hand over his buttocks. As a result, petitioner was charged in a misbehavior report with refusing a direct order and failing to comply with frisk procedures. Thereafter, correction officers...

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