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MATTER OF McGOEY v. SELSKY

260 A.D.2d 814 (1999)

689 N.Y.S.2d 253

In the Matter of JAMES McGOEY, Petitioner, v. DONALD SELSKY, as Director, Special Housing/Inmate Disciplinary Program, New York State Department of Correctional Services, Respondent.

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

Decided April 15, 1999.

Cardona, P. J.

Petitioner, an inmate, was charged with violating prison disciplinary rules which prohibit the sale or possession of a controlled substance, smuggling, solicitation and abuse of telephone privileges. The charges arose as a result of facility monitoring of a telephone call which disclosed petitioner's alleged participation in a scheme to purchase heroin and have it smuggled into the facility. After a tier...

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