MATTER OF GREEN v. SELSKY


275 A.D.2d 867 (2000)

713 N.Y.S.2d 580

In the Matter of SHAWN GREEN, Appellant, v. DONALD SELSKY, as Director of Special Housing Unit/Inmate Discipline for the Department of Correctional Services, et al., Respondents.

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

Decided September 28, 2000.


Rose, J.

Petitioner refused a correction officer's direct order to lock in a double-bunk cell. When a higher ranking correction officer arrived on the scene and directed petitioner to lock in the cell, petitioner again refused. Each officer charged petitioner in separate misbehavior reports with refusing a direct order and violating a movement regulation. Petitioner was found guilty as charged following a disciplinary hearing addressing both reports. He thereafter...

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