MATTER OF McBRIDE v. SELSKY


257 A.D.2d 930 (1999)

684 N.Y.S.2d 669

In the Matter of MOSES McBRIDE, Petitioner, v. DONALD SELSKY, as Special Housing Unit and Inmate Discipline Program Director, Respondent.

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

Decided January 28, 1999.


Mikoll, J. P.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance and assaulting a staff member. Presented in evidence at petitioner's disciplinary hearing was the inmate misbehavior report which related that a correction officer stopped by petitioner's cell to determine why he had not joined the line of inmates who were about to leave for the mess hall. When the correction officer entered the cell, petitioner...

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