MATTER OF COLE v. SELSKY


269 A.D.2d 717 (2000)

704 N.Y.S.2d 672

In the Matter of DAMONE COLE, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Program, et al., Respondents.

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

Decided February 24, 2000.


Following a tier III hearing, petitioner, a prison inmate, was found guilty of refusing a direct order, interference with a facility employee, possession of contraband and smuggling. The misbehavior report alleged that petitioner, while on drug watch, indicated to a correction officer that he had to use the bathroom. Petitioner was instructed to keep his hands in plain view. Thereafter, petitioner allegedly made a quick movement toward his anal area and was ordered by the...

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