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MATTER OF TINNIRELLO v. SELSKY

51 A.D.3d 1238 (2008)

858 N.Y.S.2d 806

In the Matter of JOSEPH TINNIRELLO, 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 May 15, 2008.

Petitioner, a prison inmate, was observed by a correction officer using a "bent-over can lid" to cut up onions and then attempting to hide it when the officer approached him. As a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting possession of a weapon and possession of an altered item. Petitioner pleaded guilty to possessing an altered item and, following a tier III...

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