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MATTER OF COWART v. SELSKY

254 A.D.2d 663 (1998)

679 N.Y.S.2d 448

In the Matter of Floyd Cowart, Appellant, v. Donald Selsky, as Director of Special Housing/Disciplinary, Respondent

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

October 29, 1998

Petitioner, an inmate at Sullivan Correctional Facility in Sullivan County, was found guilty of violating the prison disciplinary rules prohibiting the commission of a Penal Law offense and assault on an inmate. He thereafter commenced this CPLR article 78 proceeding challenging the determination on substantial evidence grounds. Respondent moved to dismiss the proceeding without first serving an answer and, finding substantial...

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