Article: Appellate Division, 3rd Department Case Summaries: July 6, 2009

Prison Discipline

Matter of Covington v. Smith

503601

Article 78 Proceeding;

Supreme Court, Ulster County

Background: The petitioner seeks a review of a determination of the respondent, who found the petitioner guilty of violating certain prison disciplinary rules. Following an anonymous tip, the 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. Thereafter, the petitioner was served with a misbehavior report and, following a disciplinary proceeding, was found guilty of unauthorized possession of medication, smuggling and refusing a direct order.

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