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MATTER OF MARCELIN v. SELSKY

289 A.D.2d 752 (2001)

733 N.Y.S.2d 820

In the Matter of HARVEY MARCELIN, Petitioner, v. DONALD SELSKY, as Director of Special Housing for the New York State Department of Correctional Services, et al., Respondents.

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

Decided December 13, 2001.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit physical contact between inmates and the commission of sexual acts. The reporting correction officer stated in the misbehavior report that he had observed petitioner standing in the corner of the telephone room engaged in an act of oral intercourse with another inmate. Substantial evidence of petitioner's guilt was presented at his disciplinary...

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