MATTER OF STEWARD v. SELSKY


266 A.D.2d 605 (1999)

697 N.Y.S.2d 745

In the Matter of ANTHONY STEWARD, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided November 4, 1999.


Peters, J.

Petitioner, a prison inmate, was charged with possession of a weapon. The misbehavior report alleged that while petitioner was in the recreation area, correction officers went to his cell to pack his belongings for a move to another cell. One of the officers discovered a metal shank with a cloth handle inside a cereal box in a locker in petitioner's cell. After a tier III hearing, petitioner was found guilty of the weapon charge.

The detailed misbehavior...

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