MATTER OF ROMAN v. SELSKY


42 A.D.3d 721 (2007)

838 N.Y.S.2d 452

In the Matter of LOUIS ROMAN, 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 July 12, 2007.


Petitioner, a prison inmate, received a woman visitor who was found to have a quantity of heroin secreted in her clothing. Upon being apprehended, the woman gave a sworn statement wherein she claimed that the heroin was "for [her] pain" but also admitted that on numerous prior occasions she had brought heroin into the facility and given it to petitioner to sell to other inmates. A tier III disciplinary proceeding ensued, at the conclusion of which petitioner was found guilty...

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