MATTER OF BENSON v. SELSKY


50 A.D.3d 1347 (2008)

854 N.Y.S.2d 824

In the Matter of WAYNE BENSON, 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 commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of creating a disturbance, engaging in violent conduct, assaulting an inmate, fighting, possessing a weapon and refusing a direct order. We now confirm.

The misbehavior report, as amplified by hearing testimony from the correction officer who authored it, relates that petitioner went after another inmate with a mop stick and then, ignoring numerous...

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