MATTER OF ROSARIO v. SELSKY


37 A.D.3d 921 (2007)

829 N.Y.S.2d 280

In the Matter of JORGE ROSARIO, 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 February 8, 2007.


Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rules that prohibit soliciting or conspiring with other persons to smuggle contraband or introduce drugs into a correctional facility. The misbehavior report alleged that petitioner, in a letter written in Spanish and utilizing code words, requested his mother to prepare drugs and introduce them via a third party into the facility. At the...

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