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IN THE MATTER OF GRIFFITH v. SELSKY

503500.

2008 NY Slip Op 06327

IN THE MATTER OF JOSEPH GRIFFITH, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Joseph Griffith, Elmira, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Mercure, J.P., Peters, Rose, Lahtinen and Kavanagh, JJ.

MEMORANDUM AND JUDGMENT

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit assaulting another inmate, possessing a weapon and engaging in violent conduct. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner commenced this proceeding pursuant to CPLR article 78 seeking...

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