MATTER OF CRUZ v. SELSKY


264 A.D.2d 884 (1999)

694 N.Y.S.2d 811

In the Matter of MIGUEL CRUZ, Petitioner, v. DONALD SELSKY, as Director of the Inmate Disciplinary Program, Respondent.

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

Decided September 16, 1999.


Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit inmates from being an accessory to an assault, creating a disturbance, refusing a direct order, possessing a weapon and engaging in violent conduct. Evidence presented at the disciplinary hearing revealed that petitioner was observed participating in a violent altercation involving several other inmates and then picking up a shank...

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