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IN THE MATTER OF COOPER v. SELSKY

7 A.D.3d 902 (2004)

776 N.Y.S.2d 638

In the Matter of BERNARD COOPER, 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.

May 13, 2004.

Petitioner challenges a disciplinary determination finding him guilty of violating the prison disciplinary rule prohibiting the destruction of state property after three holes were discovered in the security screen of his cell. Significantly, upon moving into the cell 2½ weeks earlier, petitioner had signed a cell inspection form indicating that there was no damage to his cell. This inspection form, the misbehavior report and...

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