MATTER OF VARGAS v. SELSKY

507052

69 A.D.3d 1078 (2010)

892 N.Y.S.2d 662

2010 NY Slip Op 338

In the Matter of JOSE VARGAS, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided January 14, 2010.


Following his transfer to Shawangunk Correctional Facility in Ulster County, a search of petitioner's sealed property bags revealed a metal shank secreted in the sole of a shower shoe and, as a result, he was served with a misbehavior report charging him with smuggling and possession of a weapon. After a tier III disciplinary hearing, petitioner was found guilty on both charges. His administrative appeal was unsuccessful, after which petitioner commenced this CPLR article...

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