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IN THE MATTER OF SUTHERLAND v. SELSKY

56 A.D.3d 833 (2008)

867 N.Y.S.2d 557

In the Matter of PATRICK SUTHERLAND, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

November 6, 2008.

Petitioner, a prison inmate, was charged in a misbehavior report with facilitating a work stoppage and creating a disturbance. At the ensuing tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment. Supreme Court dismissed the petition and this appeal followed.

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