MATTER OF LUNNEY v. SELSKY


275 A.D.2d 820 (2000)

713 N.Y.S.2d 300

In the Matter of GEORGE LUNNEY, Petitioner, v. DONALD SELSKY, as Director of the Inmate Disciplinary Program, New York State Department of Correctional Services, Respondent.

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

Decided September 14, 2000.


Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules that prohibit inmates from possessing a weapon, fighting, assault and refusing a direct order. This determination was affirmed upon petitioner's administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding and we confirm.

Contrary to petitioner's contention, we find that the misbehavior report, combined with the hearing testimony...

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