MATTER OF ROSARIO v. SELSKY


266 A.D.2d 656 (1999)

698 N.Y.S.2d 101

In the Matter of ROBERTO ROSARIO, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit, Respondent.

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

Decided November 10, 1999.


Yesawich Jr., J.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits drug possession after a strip frisk of petitioner and a subsequent search of his cell revealed 44 packets of heroin and a small quantity of marihuana. The determination of guilt was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. Initially, we reject petitioner's assertion that the determination...

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