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IN THE MATTER OF BRAGG v. SELSKY

16 A.D.3d 875 (2005)

791 N.Y.S.2d 706

In the Matter of JAMAL BRAGG, 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.

March 17, 2005.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating the prison disciplinary rule that prohibits disobeying a direct order. The record establishes that as part of petitioner's duties as an audiovisual technician, he was to play the scheduled movie left in the audiovisual box. When a problem arose with the movie that had been left in the audiovisual box, petitioner initially was ordered to play...

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