MATTER OF MORALES v. SELSKY


281 A.D.2d 658 (2001)

721 N.Y.S.2d 424

In the Matter of WILFREDO MORALES, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Program for the New York State Department of Correctional Services, Respondent.

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

Decided March 1, 2001.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from using controlled substances after a sample of his urine twice tested positive for the presence of cannabinoids. Supreme Court dismissed petitioner's subsequent application pursuant to CPLR article 78 challenging the determination. Petitioner appeals.

Initially, inasmuch as the petition raised an issue of substantial evidence, the matter should have been transferred to this...

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