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IN THE MATTER OF THOMAS v. SELSKY

23 A.D.3d 868 (2005)

804 N.Y.S.2d 148

In the Matter of KEVIN THOMAS, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 2005.

Mugglin, J.

Petitioner was charged in a misbehavior report with possessing an authorized item in an unauthorized area after a search of his cell revealed a computer disk. A tier II disciplinary hearing was held and, on March 29, 2004, petitioner was found guilty of this charge. Upon examining the disk and discovering that it contained personal information concerning the creation of a corporation, petitioner was charged in a separate misbehavior report with smuggling...

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