MATTER OF VALDES v. SELSKY


269 A.D.2d 710 (2000)

704 N.Y.S.2d 673

In the Matter of JOSE C. VALDES, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit, Department of Correctional Services, Respondent.

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

Decided February 24, 2000.


After conducting a search of petitioner's cell, correction officers found a shank in a hollowed-out piece of wood attached to the wall. Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing weapons. In our view, the detailed misbehavior report and the testimony of the two correction officers stating that no one occupied petitioner's cell in his absence provide substantial evidence supporting...

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