Vidal v. Kelly

— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Petitioner was charged in a misbehavior report with refusing to obey a direct order and refusing to submit to a urine test when he was suspected of using drugs. At his Tier II hearing he was found guilty of both charges on the basis of the misbehavior report.

Pursuant to the stipulation of counsel, Special Term ordered that the charge of refusing a direct order be nullified and expunged. Thereafter, without reference to the partial judgment nullifying and expunging the charge of…