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MATTER OF HERNANDEZ v. SELSKY

306 A.D.2d 595 (2003)

759 N.Y.S.2d 604

In the Matter of VIDAL HERNANDEZ, 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 June 5, 2003.

Mercure, J.

As a result of an incident in which a correction officer observed petitioner take a handrolled marihuana cigarette from another inmate in the gymnasium, petitioner was charged in a misbehavior report with possession of a controlled substance and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. The determination was upheld upon administrative appeal, with the penalty modified. This CPLR article 78 proceeding...

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