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MATTER OF TAFARI v. SELSKY

58 A.D.3d 1094 (2009)

871 N.Y.S.2d 785

In the Matter of INJAH TAFARI, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

January 29, 2009.

When this case was previously before this Court, we affirmed the judgment dismissing the petition seeking to annul a tier III disciplinary determination which found petitioner guilty of violating several prison disciplinary rules (38 A.D.3d 1031 [2007]). Petitioner thereafter moved for reconsideration based upon the existence of alleged newly discovered evidence. Specifically, petitioner asserted that, contrary to what he was advised at...

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