MATTER OF VAN BRAMER v. SELSKY


303 A.D.2d 808 (2003)

758 N.Y.S.2d 170

In the Matter of ROBERT F. VAN BRAMER, 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 March 6, 2003.


Rose, J.

Petitioner challenges a determination finding him guilty of solicitation and harassment. The Attorney General concedes, and our review confirms, that there is insufficient evidence to support the charge of solicitation (see 7 NYCRR 270.2 [B] [4] [ii]). Hence, so much of the determination as found petitioner guilty of solicitation is annulled and will be expunged from his institutional record. Inasmuch as the penalty imposed for this violation included...

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