Covington v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
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 *1454disciplinary proceeding, was found guilty of the…
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