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MATTER OF ALICEA v. SELSKY

31 A.D.3d 1080 (2006)

819 N.Y.S.2d 202

In the Matter of ANGEL ALICEA, Appellant, 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 27, 2006.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit drug possession and smuggling. Following a tier III disciplinary hearing, he was found guilty of the charges. That determination was apparently administratively reversed and a rehearing was thereafter conducted in petitioner's absence. Petitioner was again found guilty of the charges and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner...

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