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MATTER OF SILVERSTEIN v. SELSKY

32 A.D.3d 1100 (2006)

821 N.Y.S.2d 301

In the Matter of SCOTT SILVERSTEIN, 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.

September 21, 2006.

Carpinello, J.

Following a urinalysis test which produced a positive result for the presence of cannabinoids, petitioner was charged in a misbehavior report with violating a prison disciplinary rule prohibiting the use of narcotics or controlled substances unless prescribed by a health care provider. A tier III disciplinary hearing was held and petitioner was found guilty of the charge. The Commissioner of Correctional Services affirmed on administrative review, prompting...

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