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IN THE MATTER OF HERNANDEZ v. SELSKY

9 A.D.3d 662 (2004)

779 N.Y.S.2d 678

In the Matter of ADRIAN HERNANDEZ, 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.

July 8, 2004.

Petitioner was observed by a correction officer fighting with another inmate and making stabbing motions toward the inmate's face and neck. After stopping the fight, the correction officer recovered from the floor two broken pens which were held together by a rubber band. Petitioner was issued a misbehavior report for various charges and, at the ensuing disciplinary hearing, petitioner pleaded guilty to the charges of fighting and...

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