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MATTER OF McMILLAN v. SELSKY

221 A.D.2d 785 (1995)

634 N.Y.S.2d 410

In the Matter of Andrew Mcmillan, Petitioner, v. Donald Selsky, as Director of Special Housing Unit, Department of Correctional Services, et al., Respondents

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

November 16, 1995

Petitioner was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing contraband. In support of his challenge to the administrative determination, petitioner argues, inter alia, that the Hearing Officer was biased and that he was improperly denied the right to be present during the search of his cell. Upon review of the record, we find that the Hearing Officer acted in a fair and impartial...

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