Legal Opinion

Felton v. Selsky

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 2003Published

1Opinion of the Court

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 a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from the unauthorized use of controlled substances after his urine twice tested positive for the *1034presence of cannabinoids. Substantial evidence of petitioner’s guilt is found in the misbehavior report, the positive laboratory test results with…

2Cases cited2 opinions

  1. Valerio v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
  2. Tingue v. MccoyAppellate Division of the Supreme Court of the State of New York · 2002

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