MATTER OF BERRIAN v. SELSKY


306 A.D.2d 771 (2003)

763 N.Y.S.2d 111

In the Matter of LENARD BERRIAN, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided June 26, 2003.


Spain, J.

Petitioner was charged with violating prison disciplinary rules prohibiting lewd exposure and fighting. The tier II disciplinary hearing on the lewd exposure charge commenced on November 12, 2001, with petitioner present, but was adjourned so that petitioner's witnesses could be obtained. Two days later, the record indicates that, while being escorted to the tier III hearing on the fighting charge, petitioner began yelling to other inmates and refused several...

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