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IN THE MATTER OF PIGMENTEL v. SELSKY

19 A.D.3d 816 (2005)

797 N.Y.S.2d 160

In the Matter of HECTOR L. PIGMENTEL, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 16, 2005.

After a correction officer found a letter containing gang-related references in petitioner's cell, he was charged in a misbehavior report with possessing unauthorized organizational material. He was found guilty following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.*

Initially, petitioner maintained at the...

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