MATTER OF BARBER v. SELSKY


23 A.D.3d 731 (2005)

802 N.Y.S.2d 638

In the Matter of ANTHONY BARBER, 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.


During a search of petitioner's cell, correction officers recovered a container of floor stripper, a volume control piece from a headset and some medications. As a result, he was charged in a misbehavior report with the unauthorized possession of medication, possession of contraband and possession of flammable materials. At the subsequent tier III disciplinary hearing, he pleaded guilty with explanation to possession of flammable materials and not guilty to possession of...

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