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IN THE MATTER OF PENNINGTON v. SELSKY

27 A.D.3d 804 (2006)

809 N.Y.S.2d 684

In the Matter of JAMES E. PENNINGTON, Appellant, 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.

March 2, 2006.

Petitioner failed to cooperate with a female storehouse clerk's order to move away from an area she was trying to secure and, during this exchange, petitioner professed his love for her. As a result, he was charged in a misbehavior report with refusing a direct order, interfering with an employee and harassment. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner commenced this...

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