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IN THE MATTER OF BARBER v. SELSKY

17 A.D.3d 950 (2005)

793 N.Y.S.2d 634

In the Matter of ANTHONY BARBER, 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.

April 28, 2005.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit refusing a direct order, interference with an employee, making threats and harassment. Following a tier III disciplinary hearing, petitioner was found guilty of interference with an employee's performance of duties and harassment and not guilty of refusing a direct order and making threats. Following an unsuccessful administrative appeal, petitioner commenced this CPLR...

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