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MATTER OF RUSSELL v. SELSKY

50 A.D.3d 1412 (2008)

857 N.Y.S.2d 288

In the Matter of JACOB RUSSELL, 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 24, 2008.

Lahtinen, J.

Petitioner was charged in a misbehavior report with committing an unhygienic act—namely, spitting in a water cooler from which correction officers obtained their drinking water. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty of five months in the special housing unit and a corresponding loss of privileges was imposed. That determination was affirmed upon administrative review, prompting petitioner to commence...

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