MATTER OF GONZALEZ v. SELSKY


23 A.D.3d 724 (2005)

803 N.Y.S.2d 315

In the Matter of JOHANNES GONZALEZ, 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.

November 3, 2005.


Carpinello, J.

Petitioner was charged with violating prison disciplinary rules which prohibit possessing and/or exchanging a controlled substance, destroying state property and altering state bedding. Following a tier III disciplinary hearing, at which petitioner did not contest the latter two charges, he was found guilty of all three. The determination was affirmed upon administrative appeal. Petitioner subsequently commenced this CPLR article 78 proceeding.

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