MATTER OF CLARK v. SELSKY


302 A.D.2d 840 (2003)

754 N.Y.S.2d 607

In the Matter of WILLIE CLARK, 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 February 27, 2003.


Substantial evidence supports the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits the unauthorized possession of a controlled substance. The record establishes that petitioner was released from his cell in order to distribute water to the other inmates. After returning to his cell, petitioner asked to be released again because he had forgotten to return the water bucket. Prior to letting petitioner out, a search of the slop...

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