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MATTER OF WALTON v. SELSKY

251 A.D.2d 798 (1998)

674 N.Y.S.2d 790

In the Matter of Rodney Walton, Appellant, v. Donald Selsky, as Director of Special Housing of the Department of Correctional Services, et al., Respondents

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

June 11, 1998

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from possessing controlled substances and smuggling. He thereafter commenced this proceeding pursuant to CPLR article 78 and, based upon respondents' concession that there was insufficient evidence to establish that the confiscated items were controlled substances, Supreme Court annulled that portion of the determination finding...

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