MATTER OF PARKINSON v. SELSKY


49 A.D.3d 985 (2008)

853 N.Y.S.2d 412

In the Matter of DAVID PARKINSON, 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 March 13, 2008.


Kane, J.

While petitioner, a prison inmate, was in a holding pen awaiting transfer to another facility, he was involved in an incident where he was disruptive and punched two correction officers. After a tier III disciplinary hearing, he was found guilty of violating the prison disciplinary rules prohibiting assault on staff and violent conduct. Respondent upheld the determination but reduced the penalty. Petitioner commenced this proceeding seeking to annul the determination...

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