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IN THE MATTER OF HODGE v. SELSKY

503660.

2008 NY Slip Op 06406

IN THE MATTER OF MARTIN HODGE, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, ET AL., Respondents.

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

Decided and Entered: July 24, 2008.

Attorney(s) appearing for the Case

Martin Hodge, Fallsburg, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondents.

Before: Cardona, P.J., Mercure, Carpinello, Kane and Malone Jr., JJ.

MEMORANDUM AND ORDER

Petitioner was charged in two misbehavior reports with various prison disciplinary rule violations. The first misbehavior report arose from an incident in which petitioner called the facility nurse by her first name despite her directive not to do so and refused her order to leave the room. Following a tier III disciplinary hearing, petitioner was found guilty of harassment, refusing a direct order, engaging in violent conduct and assaulting...

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