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IN THE MATTER OF CUNNINGHAM v. SELSKY

29 A.D.3d 1254 (2006)

815 N.Y.S.2d 346

In the Matter of KEVIN CUNNINGHAM, 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.

May 25, 2006.

While a group of inmates were being shown a movie, a correction counselor observed petitioner with his hand inside his pants fondling himself. He was charged in a misbehavior report with engaging in a sexual act. Petitioner was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with...

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