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MATTER OF AMAKER v. SELSKY

42 A.D.3d 827 (2007)

838 N.Y.S.2d 921

In the Matter of ANTHONY D. AMAKER, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided July 26, 2007.

Petitioner failed to comply with a correction officer's order to move to a double-bunk cell. As a result, he was charged in a misbehavior report with refusing a direct order and refusing a double-bunk assignment. At the tier III disciplinary hearing, the Hearing Officer reviewed certain paperwork and agreed that petitioner was not supposed to be housed in a double-bunk cell. Consequently, petitioner was found not guilty of refusing a double-bunk assignment, but guilty of...

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