IN THE MATTER OF PENA v. SELSKY

502638.

2008 NY Slip Op 06397

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 New York, Third Department.

Decided and Entered: July 24, 2008.


Attorney(s) appearing for the Case

Alfredo Pena, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Spain, Lahtinen, Malone Jr. and Kavanagh, JJ.


MEMORANDUM AND JUDGMENT

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...

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