Legal Opinion
Vargas v. Selsky
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2010PublishedCited by 7 opinions
1Opinion of the Court
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 78 proceeding.
We confirm. The misbehavior report, testimony of the correction officer who authored the report, pictures of…
2Cases cited4 opinions
- Griffin v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
- Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Hall v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Otero v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by7 opinions
- Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Valentino v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Injah Tafari v. SelskyAppellate Division of the Supreme Court of the State of New York · 2010
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Moore v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
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