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IN THE MATTER OF ADAMS v. SELSKY

54 A.D.3d 477 (2008)

862 N.Y.S.2d 648

In the Matter of JAMES ADAMS, 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.

August 7, 2008.

Petitioner, a prison inmate, was observed lunging at another inmate and stabbing him in the neck area. The weapon used by petitioner was recovered after he dropped it to the floor and the weapon's sheath was found in his pants pocket. Petitioner was thereafter charged in a misbehavior report with assault, possession of a weapon and fighting. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found...

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