Hernandez v. Selsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
As a result of an incident in which a correction officer observed petitioner take a handrolled marihuana cigarette from another inmate in the gymnasium, petitioner was charged in a misbehavior report with possession of a controlled substance and smuggling. Following a tier III disciplinary hearing, petitioner was…
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