MATTER OF McDERMOTT v. SELSKY


288 A.D.2d 669 (2001)

733 N.Y.S.2d 267

In the Matter of CHARLES R. McDERMOTT, Petitioner, v. DONALD SELSKY, as Director of Special Housing, et al., Respondents.

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

Decided November 15, 2001.


Spain, J.

Based upon confidential information, petitioner was the subject of a facility mail watch which revealed a substance hidden in inserts within magazines sent in an envelope addressed to petitioner; this method of operation was entirely consistent with the smuggling procedure described in the confidential information. After the substance tested positive for heroin, petitioner was charged with violating the prison disciplinary rules which prohibit smuggling...

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