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MATTER OF BENNETT v. SELSKY

306 A.D.2d 663 (2003)

759 N.Y.S.2d 913

In the Matter of TONY BENNETT, 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 12, 2003.

Cardona, P.J.

Petitioner was charged with violating the prison disciplinary rules prohibiting forgery, possession of contraband, creating a fire hazard and altering an electrical device after a search of his cell uncovered a forged misbehavior report and other unauthorized items. At a tier III disciplinary hearing, petitioner pleaded guilty to the charge of altering an electrical device. As to the forgery charge, he testified that the allegedly forged misbehavior...

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