MATTER OF MARCELIN v. SELSKY


2 A.D.3d 931 (2003)

767 N.Y.S.2d 706

In the Matter of HARVEY MARCELIN, 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.

December 4, 2003.


Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from harassment and making false statements and a penalty was imposed. Petitioner thereafter commenced this proceeding contending, inter alia, that various procedural errors deprived him of a fair hearing. We cannot agree. Petitioner's assertion that he was never issued a copy of the rule book, "Standards of Inmate Behavior," is without merit, and our review...

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