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IN THE MATTER OF WHITE v. SELSKY

3 A.D.3d 762 (2004)

770 N.Y.S.2d 811

In the Matter of PHILLIP WHITE, 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.

January 22, 2004.

Crew III, J.

Following an incident in which he engaged in a verbal exchange with a civilian cook while in the serving line at the prison where he was incarcerated, petitioner was charged in a misbehavior report with creating a disturbance, interfering with an employee, refusing a direct order and a mess hall serving and seating violation. Following a tier III disciplinary hearing, he was found guilty of all charges except refusing a direct order. After the determination...

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