IN THE MATTER OF HAMILTON v. SELSKY


13 A.D.3d 844 (2004)

785 N.Y.S.2d 811

In the Matter of DERRICK HAMILTON, 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.

December 16, 2004.


Carpinello, J.

On May 1, 2003, following a disagreement with a chaplain at the correctional facility where he was housed, petitioner became verbally and physically abusive toward the chaplain. The next day, he was charged in a misbehavior report with creating a disturbance, interfering with an employee, assaulting staff, making threats and harassment. A tier III disciplinary hearing on the charges was conducted on May 22, 2003, but the determination rendered after...

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