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MATTER OF DeVIVO v. SELSKY

52 A.D.3d 1009 (2008)

860 N.Y.S.2d 239

In the Matter of ANTHONY DeVIVO, 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 June 12, 2008.

Facility personnel received an anonymous letter detailing a planned prison escape, and a subsequent investigation led personnel to conclude that petitioner authored the letter, which petitioner denied. Petitioner thereafter was charged in a misbehavior report with violating the prison disciplinary rules that prohibit engaging in conduct that is detrimental to the order of the facility and making false statements. Following a tier...

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