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IN THE MATTER OF CARINI v. SELSKY

19 A.D.3d 718 (2005)

796 N.Y.S.2d 193

In the Matter of CARMINE CARINI, 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.

June 2, 2005.

Spain, J.

Petitioner was charged in two misbehavior reports with violating various prison disciplinary rules arising out of two separate incidents. The first report arose from an incident in which petitioner was caught physically fighting with another inmate. Petitioner was subsequently charged and pleaded guilty to fighting, guilty with an explanation to refusing a direct order and not guilty to assault on an inmate. Following a tier III disciplinary hearing, petitioner...

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