MATTER OF HERNANDEZ v. SELSKY


50 A.D.3d 1340 (2008)

855 N.Y.S.2d 754

In the Matter of RAFAEL HERNANDEZ, 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 possessing a weapon and assaulting another inmate. The charges stemmed from an incident wherein petitioner and others attacked another inmate in the yard at the facility where they were incarcerated. A tier III disciplinary hearing ensued, at the conclusion of which the Hearing Officer found petitioner not guilty of the weapons charge and guilty of assaulting another inmate, and a penalty of 12 months in the special housing...

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