MATTER OF BRISTOW v. SELSKY


267 A.D.2d 534 (1999)

698 N.Y.S.2d 560

In the Matter of EARL BRISTOW, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit, Department of Correctional Services, et al., Respondents.

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

Decided December 2, 1999.


Following a tier III disciplinary hearing petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing weapons based upon proof indicating that a sharpened metal shank was found secreted in the back of petitioner's toilet. This determination was affirmed upon petitioner's administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

Contrary to petitioner's contention, we...

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