IN THE MATTER OF RINCON v. SELSKY


28 A.D.3d 565 (2006)

813 N.Y.S.2d 508

In the Matter of DANIEL RINCON, Petitioner, v. DONALD SELSKY et al., Respondents.

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

April 11, 2006.


Adjudged that the determination dated November 12, 2003 is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed, on the merits, without costs or disbursements.

In reaching their determination that the petitioner violated prison rule 113.10 by possessing a weapon (see 7 NYCRR 270.2 [B] [14] [i]), the respondents relied upon, among other things, a misbehavior report, the testimony of the officer who prepared the report, and confidential...

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