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MATTER OF CRUZ v. SELSKY

288 A.D.2d 517 (2001)

732 N.Y.S.2d 149

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

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

Decided November 1, 2001.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized possession of a narcotic or controlled substance. According to the misbehavior report, a correction officer had observed a dragline being pulled into petitioner's cell. A letter and what appeared to be a sugar packet then emerged from the cell attached to the line. The correction officer confiscated the packet, the contents of...

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