MATTER OF GRIFFITH v. SELSKY


53 A.D.3d 884 (2008)

862 N.Y.S.2d 622

In the Matter of JOSEPH GRIFFITH, 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 July 17, 2008.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit assaulting another inmate, possessing a weapon and engaging in violent conduct. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination of guilt...

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