MATTER OF GARNER v. SELSKY


47 A.D.3d 1167 (2008)

849 N.Y.S.2d 456

In the Matter of JOHN GARNER, 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 January 31, 2008.


During a telephone conversation with his wife, petitioner requested that she bring him some marihuana when visiting him. Consequently, he was charged in a misbehavior report with conspiracy to possess drugs, attempted smuggling and a violation of the facility telephone program. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges. That determination was affirmed upon administrative appeal, prompting petitioner to commence...

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