MATTER OF BURGESS v. SELSKY


270 A.D.2d 736 (2000)

706 N.Y.S.2d 363

In the Matter of KELVIT BURGESS, Petitioner, v. DONALD SELSKY, as Director of the Inmate Disciplinary Program/Special Housing Unit, et al., Respondents.

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

Decided March 23, 2000.


Mugglin, J.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting use of controlled substances. Petitioner's guilt was affirmed upon his administrative appeal, prompting him to commence this CPLR article 78 proceeding challenging, inter alia, the sufficiency of the evidence adduced against him. Respondents then brought a preanswer motion to dismiss claiming that the petition...

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