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MATTER OF RUSSELL v. SELSKY

305 A.D.2d 844 (2003)

758 N.Y.S.2d 560

In the Matter of DAVID RUSSELL, Petitioner, 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 May 15, 2003.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit violent conduct, assault on staff and disobeying a direct order. Petitioner commenced this CPLR article 78 proceeding, contending that he received inadequate employee assistance and was provided with falsified records.* Inasmuch as petitioner failed to challenge at the hearing or upon administrative appeal the adequacy of the assistance and documents provided...

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