IN THE MATTER OF REED v. SELSKY


9 A.D.3d 710 (2004)

779 N.Y.S.2d 826

In the Matter of ROBERT REED, Appellant, 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.

July 19, 2004.


Petitioner was charged with, and found guilty of, violating the prison disciplinary rule that prohibits the possession of a weapon after a search of his cell uncovered a plastic knife which was sharpened toward the point. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding. Supreme Court rejected petitioner's procedural claims and dismissed the petition. This appeal ensued.

Initially, we are unpersuaded by petitioner...

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