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MATTER OF SPULKA v. SELSKY

238 A.D.2d 695 (1997)

656 N.Y.S.2d 68

In the Matter of Kenneth Spulka, 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.

April 10, 1997

Yesawich Jr., J.

After a tier III hearing, petitioner, an inmate at Southport Correctional Facility in Chemung County, was found guilty of throwing burning paper from his cell. In rendering the determination, the Hearing Officer relied upon the misbehavior report, along with a videotape which showed burning paper being tossed out of petitioner's cell. Because the videotape has been misplaced and respondents...

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