MATTER OF FELIZ v. SELSKY


58 A.D.3d 955 (2009)

871 N.Y.S.2d 754

In the Matter of ORELVIS FELIZ, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

January 15, 2009.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit possession of a weapon, possession of an altered item and smuggling after a random pat frisk disclosed a sharpened plexiglass shank secreted in the inseam of petitioner's pants. At the conclusion of the tier III disciplinary hearing that followed, petitioner was found guilty and an administrative penalty was imposed. Although the penalty subsequently was modified, petitioner...

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