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MATTER OF HALL v. SELSKY

52 A.D.3d 1078 (2008)

860 N.Y.S.2d 296

In the Matter of DABNEY HALL, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 19, 2008.

A frisk of petitioner found him to be in possession of 26 packets of a substance which tested to be heroin. As a consequence, petitioner was charged in a misbehavior report with drug possession and smuggling. A tier III disciplinary hearing ensued, after which petitioner was found guilty of both charges. Upon administrative appeal, that determination was affirmed with a modified penalty. Petitioner then commenced this CPLR article 78 proceeding seeking annulment.

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