MATTER OF PARKINSON v. SELSKY


45 A.D.3d 1079 (2007)

845 N.Y.S.2d 864

In the Matter of DAVID PARKINSON, Appellant, 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.

Decided November 15, 2007.


On February 12, 2006 and February 13, 2006, petitioner was charged in two misbehavior reports with refusing a direct order and failing to comply with facility count procedures. On both dates, correction officers made early morning announcements that they would be conducting a head count and directed inmates to stand or sit in their cells with both feet on the floor. Petitioner remained lying in his bed and refused to cooperate with the instructions. Following two tier III...

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