MATTER OF CLIFF v. SELSKY


293 A.D.2d 885 (2002)

740 N.Y.S.2d 532

In the Matter of JAMES E. CLIFF, Petitioner, v. DONALD SELSKY, as Appeal Reviewer, Respondent.

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

Decided April 18, 2002.


Carpinello, J.

Petitioner was charged in a misbehavior report with creating a disturbance, disobeying a direct order and threatening staff as the result of an incident in the facility weight yard. After being found guilty of the charges at a tier III hearing and following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding to review the determination. Petitioner's initial arguments focus on what he claims to be a number of procedural...

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