MATTER OF EMMONS v. SELSKY


238 A.D.2d 651 (1997)

656 N.Y.S.2d 967

In the Matter of Allen Emmons, Petitioner, v. Donald Selsky, as Director of Inmate Special Housing, Respondent

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

April 3, 1997


While a correction officer was randomly monitoring inmate telephone calls, he overheard petitioner, an inmate at Auburn Correctional Facility in Cayuga County, admit to assaulting two inmates. As a result of this information, petitioner was charged with, and found guilty of, violating the prison disciplinary rule which prohibits assaults on inmates.

We reject petitioner's contention that the determination was not supported by substantial evidence. Although respondent...

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