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IN THE MATTER OF THOMAS v. SELSKY

9 A.D.3d 751 (2004)

779 N.Y.S.2d 850

In the Matter of ERIC THOMAS, 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.

July 22, 2004.

After correction officers received confidential information indicating that petitioner was in possession of a metal object, his cell was searched and a piece of metal affixed to an altered toothbrush handle, measuring approximately seven inches in length, was discovered. Petitioner was thereafter charged in a misbehavior report with possession of contraband and possession of an altered item. He was found guilty of these charges following a tier III disciplinary hearing. The...

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