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MATTER OF MERCADO v. SELSKY

298 A.D.2d 720 (2002)

748 N.Y.S.2d 531

In the Matter of JOHN MERCADO, Petitioner, v. DONALD SELSKY, as Director of Inmate Disciplinary and Special Housing Programs, et al., Respondents.

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

Decided October 24, 2002.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the possession of a weapon after a search of his cell uncovered a toothbrush sharpened to a point at one end. Petitioner asserts that the Department of Correctional Services should have an "orientation program" whereby new inmates are advised as to their rights at disciplinary proceedings and how to defend against any disciplinary charges.* Inasmuch as petitioner...

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