MATTER OF RIOS v. SELSKY


32 A.D.3d 632 (2006)

819 N.Y.S.2d 622

In the Matter of ORLANDO RIOS, 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.

August 10, 2006.


While in the main exercise yard, petitioner was observed acting in a suspicious manner and, consequently, searches of his person and cell were ordered. Two substances suspected to be narcotics were found hidden in his cell. The substances tested positive for heroin and cocaine and, as a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the possession of drugs. At the conclusion of a tier III disciplinary hearing...

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