MATTER OF MONKO v. SELSKY


244 A.D.2d 718 (1997)

664 N.Y.S.2d 644

In the Matter of Daniel K. Monko, Petitioner, v. Donald Selsky, as Director of Special Housing for New York State Department of Correctional Services, Respondent

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

November 20, 1997


Petitioner was found guilty of violating prison disciplinary rules prohibiting possession of altered items and paraphernalia giving reasonable grounds to believe that escape is planned after a 1½-inch piece of plastic eating utensil with a staple melted into one end was discovered in petitioner's cell. Finding that the determination is supported by substantial evidence, we confirm. Initially, the deficiencies in the hearing transcript do not preclude a meaningful review...

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