MATTER OF DAVILA v. SELSKY


48 A.D.3d 846 (2008)

850 N.Y.S.2d 705

In the Matter of PAUL DAVILA, Appellant, 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 7, 2008.


Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule prohibiting the possession of weapons. Finding no merit to petitioner's procedural claims, Supreme Court dismissed the petition, prompting this appeal.

Petitioner first claims that he was denied adequate employee assistance because his assistant made no effort to locate and interview certain witnesses. However, petitioner...

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