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IN THE MATTER OF MARTINEZ v. SELSKY

502391.

2008 NY Slip Op 06474

IN THE MATTER OF DAVID MARTINEZ, 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 July 31, 2008.

Attorney(s) appearing for the Case

David Martinez, Dannemora, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Peters, J.P., Rose, Kane, Malone Jr. and Stein, JJ.

MEMORANDUM AND JUDGMENT

After a correction officer confiscated a soda can from his secured hospital room, petitioner struck the officer and became involved in a physical altercation. He was thereafter charged in a misbehavior report with assaulting staff and interfering with an employee. Petitioner was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR...

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