MATTER OF RODRIGUEZ v. SELSKY


252 A.D.2d 688 (1998)

675 N.Y.S.2d 253

In the Matter of Evaristo Rodriguez, Petitioner, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Program, et al., Respondents

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

July 9, 1998


Petitioner was found guilty of threatening another inmate in violation of a prison disciplinary rule. The factual allegations of the misbehavior report stated that while in the big yard petitioner threatened to stab another inmate who could not pay his debt for drugs he had bought from petitioner. We find that the misbehavior report, though lacking the date and time the incident occurred, was sufficiently specific to enable petitioner to prepare a defense (see,

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