MATTER OF SPULKA v. SELSKY


277 A.D.2d 552 (2000)

715 N.Y.S.2d 521

In the Matter of KENNETH SPULKA, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit for the Department of Correctional Services, et al., Respondents.

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

Decided November 2, 2000.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing controlled substances after a frisk of petitioner revealed a packet of heroin. The determination of guilt was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued. Initially, upon reviewing the record, we find that the misbehavior report, the testimony of the correction officer who prepared the report, the positive test results and the testimony...

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