MATTER OF COOPER v. SELSKY


43 A.D.3d 1254 (2007)

842 N.Y.S.2d 111

In the Matter of BERNARD COOPER, 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.

Decided September 27, 2007.


Petitioner was charged in two misbehavior reports with violating the prison disciplinary rules that prohibit the possession of narcotics, the possession of excess tobacco products, refusing a direct order, smuggling, refusing a search or frisk and the possession of contraband. Following a tier III disciplinary hearing, which petitioner did not attend, he was found guilty of all charges. The determination was affirmed upon administrative appeal, but the penalty imposed was...

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