MATTER OF ALLENDE v. SELSKY


302 A.D.2d 764 (2003)

754 N.Y.S.2d 916

In the Matter of RICHARD ALLENDE, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided February 20, 2003.


Following a tier III disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule by refusing a direct order. According to the misbehavior report, petitioner refused to leave the disciplinary office after being directed to do so by a correction officer. Although petitioner asserts that at the time of the incident his requests to speak to a supervisor and to be placed in protective custody were being ignored, he nevertheless was required to obey...

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