MATTER OF RODRIGUEZ v. SELSKY


50 A.D.3d 1337 (2008)

854 N.Y.S.2d 823

In the Matter of GUILLERMO RODRIGUEZ, 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 April 17, 2008.


Petitioner was charged in a misbehavior report with violating visiting room procedures and failing to obey a direct order. The charges stemmed from an incident wherein petitioner engaged in inappropriate physical contact with a female visitor. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of the charges and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner commenced this proceeding seeking to...

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