MATTER OF BROWN v. SELSKY


37 A.D.3d 891 (2007)

828 N.Y.S.2d 731

In the Matter of GENEO BROWN, 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.

Decided February 1, 2007.


A correction officer observed petitioner repeatedly flush the toilet in his cell after he had stuffed a shirt inside it causing water to spill all over the floor. Petitioner ignored the officer's directive to stop and made a threatening comment. As a result, he was charged in a misbehavior report with refusing a direct order, making threats and intentionally flooding his cell. Petitioner was found guilty of the charges at the conclusion of a tier III disciplinary hearing...

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