MATTER OF GUTIERREZ v. SELSKY


294 A.D.2d 641 (2002)

742 N.Y.S.2d 410

In the Matter of CARLOS GUTIERREZ, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 2, 2002.


Spain, J.

Petitioner was found guilty of violating the prison disciplinary rules which prohibit possession of controlled substances and smuggling controlled substances into a correctional facility. Evidence presented at petitioner's disciplinary hearing, including the misbehavior report and testimony given by the reporting correction officer, established that when an envelope marked "unclaimed" was returned to the facility's mailroom, it was opened and found to contain...

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