MATTER OF PENA v. SELSKY


53 A.D.3d 938 (2008)

861 N.Y.S.2d 532

In the Matter of ALFREDO PENA, 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 24, 2008.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit lewd exposure and harassment. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul the underlying determination.

The misbehavior report, together with...

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