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MATTER OF MOXLEY v. SELSKY

45 A.D.3d 1084 (2007)

846 N.Y.S.2d 429

In the Matter of CHAKA MOXLEY, Petitioner, 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.

Decided November 15, 2007.

Petitioner, an inmate, resisted a frisk by a correction officer and then continued to fight back as other correction officers attempted to subdue him. As a result, he was charged in a misbehavior report with refusing to submit to a frisk, interfering with an employee and assaulting the staff. Following a tier III disciplinary hearing, he was found guilty of refusing to submit to a frisk and interfering with an employee but not guilty of assaulting the staff. The determination...

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