MATTER OF SMITH v. SELSKY


294 A.D.2d 629 (2002)

742 N.Y.S.2d 677

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

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

Decided May 2, 2002.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized possession of a controlled substance. The misbehavior report related that a search of petitioner's single-occupancy cell turned up a green leafy substance, identified by subsequent laboratory testing as marihuana. At the ensuing disciplinary hearing, the misbehavior report was admitted in evidence as were documentation of the positive NIK test results and the testimony of the...

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