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MATTER OF DAWKINS v. SELSKY

278 A.D.2d 649 (2000)

718 N.Y.S.2d 233

In the Matter of EDWARD DAWKINS, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit of the Department of Correctional Services, Respondent.

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

Decided December 14, 2000.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of possessing a controlled substance after a routine search of his cell disclosed an altered pen containing a substance which tested positive for amphetamines. The misbehavior report and the positive narcotic test kit results constitute substantial evidence of petitioner's guilt (see, Matter of Rosario v Selsky, 266 A.D.2d 656, 657...

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