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IN THE MATTER OF DRUMGOOLE v. SELSKY

24 A.D.3d 1047 (2005)

807 N.Y.S.2d 426

In the Matter of ISHMIEL DRUMGOOLE, 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 22, 2005.

CREW III, J.P.

Petitioner, a prison inmate, was charged in a misbehavior report with assaulting a staff member, engaging in violent conduct and disobeying a direct order. The charges stemmed from an incident wherein petitioner allegedly struck a correction officer as the officer attempted to disconnect a call button in petitioner's hospital room. A tier III disciplinary hearing ensued, at the conclusion of which petitioner...

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